, Al t PNIW M'.M 1 I ll'l

3 9002 06126 3415

YALE UNIVERSITY
LIBRARY Gift of

Prof. 0. C. Marsh

THE

GOVERNMENTAL HISTORY

OF

THE UNITED STATES OF AMERICA,

FEOM THE EARLIEST SETTLEMENT

TO THE

ADOPTION OF THE PRESENT FEDERAL CONSTITUTION.

IN FOUR FARTS.

BY HENRY SHEKMAN,

COUNSELOK AT LAW.

Author of " Sherman's Marine Insurance." "Slavery in the United States,
its national recognition and relations." Etc.

Felix qui potuit rerum cognoscere causas. — Virgil.

HARTFORD M.DCCC.LX.

Entered according to the Act of Congress, in the year 1860, by
HENRY SHERMAN,
In the office of the clerk of the District Court of the United States for the
District of Connecticut.

CASE, LOCKWOOD AND CO.,
PRINTERS.

TO
THE MEMORY OF
JOSIAH SHEEMAN,
(LATE OF ALBANY, N. Y., DEc'd,)
FOR THE RICH LEGACY OF A GOOD EXAMPLE IN HIS OWN LIFE AND CHARACTER :
TO
MRS. JOSIAH SHERMAN",
TO HER WHOSE AFFECTION NURSED MY INFANCY WITH SO MUCH TENDERNESS ; DISCI
PLINED MY BOYnOOD WITH SO MUCH PRUDENCE ; EDUCATED MY YOUTH WITH SO
MUCH DISCRETION ; WHO, IN HER WIDOWHOOD, GUIDED MY ADVANCING
YEARS WITH SO MUCH WISDOM ; AND WHO STILL LIVES, IN THE
VIGOR OF A SOUND JUDGMENT, AND WITH THE RIPENED
EXPERIENCE AND PIETY OF MORE THAN FOUR
SCORE YEARS, TO COUNSEL MY MATURER LIFE :
THIS VOLUME IS INSCRIBED, AS A GRATEFUL, AFFECTIONATE, AND ENDURING
EXPRESSION OF FILIAL OBLIGATION, BY
THEIR SON, THE AUTHOR.

PREFACE.

The proud position which the Eepublic of the United States of
America now holds in the scale of nations, and the powerful influences
which are emanating from them, make the history of our government
and institutions a subject of great interest and importance to mankind in
general, but more especially to those who may in any wise be entrusted
with their direction and control. In preparing this work for the press,
my design has been to place within the reach of every citizen and inhab
itant of this country, whether native or foreign-born, a plain and simple
history of their origin, together with the causes which have given to
them their peculiar and characteristic qualities of freedom, sovereignty,
and independence.
It is impossible for the mind of man to fix a limit to the further
extension of our national domain, or to the advancement of this great
and still growing people, in all the enterprises and arts which contribute
to the improvement of society ; the sciences which expand and liberalize
the human mind ; or in the further development of those fundamental
principles of civil and religious liberty, which are destined, in their
ultimate maturity, to harmonize and happify the world.
It is essential that those who are hereafter to possess so magnificent a
heritage of birthright or of citizenship, should be thoroughly prepared for
the momentous and interesting duties which it may devolve upon them.
To be useful to his country and to his race ; to preserve and conduct to
a more perfect maturity, a system of government so wisely planned, and
institutions df freedom so well founded, the citizen of these United States
should be well acquainted with their governmental history, from their
earliest origin. He should be familiar with the causes which led to the
planting of the first settlements made by our forefathers in America;
which transformed those settlements into municipal communities, those
communities into larger pohtical bodies, and these bodies into incorporated "

VI PREFACE.

colonies; and which, in fine, elevated these colonies to the position of
free, independent, and sovereign states. He should further understand
how it was that these states became united in a permanent confederacy ; .
what causes dissolved this confederacy, and led again to their more
perfect, perpetual, and felicitous union under the present Federal Con
stitution. In looking over our libraries, I found no work calculated particularly
to aid the enquirer in making these acquisitions; while those whence
alone this information could be gathered, were either too voluminous or
too rare, too ponderous or too expensive, to fall into the hands of the
mass of readers. This volume has been prepared, during the intervals
of leisure from professional avocations, with a view to supply this defi
ciency. In compiling it, I am aware that I have entered upon an entirely
new field of historical research. Others have directed their investiga
tions, and employed their labors, .to elucidate our Civil, our Pohtical, our
Military, and our Naval histories, and made the multitude of readers
and students sufficiently famihar with these departments of our national
annals. But no one, that I am aware, has yet attempted to trace out
distinctly to their source and origin, or through the various phases of
their development, the peculiar and essential elements of freedom which
have given birth to our own peculiar Federal, State, and Municipal
systems and forms of government and administration. Hence the diffi
culties and embarrassments which have attended the completion of tbis
work. A work so novel in its character and aim, and so necessarily
comprehensive in its detail, must also of necessity be somewhat wanting
in completeness. Yet I trust it is not so much so as materially to impair
its value or depreciate its utility, to all classes of men. It is, as I may
say, in some sort autoi-biographical. The early adventurers speak from-
their own records, and tell their own story of the experience and growth
of their plantations, and in their own way. The people, in their
primary gatherings and their occasional conventions; the colonies, by
their charters and their proclamations, by the resolutions of their legis
lative assemblies and by their legal enactments, make their own record.
The colonial congress, by its manifestoes, associations, resolutions,
petitions, and addresses ; the revolutionary congress, by its state papers,
its confederacies, and its ordinances ; and, finally, the Federated States,
by their own free and independent assumptions of power, and by their
proclamations and edicts ; all have contributed their own records to eke
out this their governmental history. While, on the other hand, the crown,
the cabinet, the parliament, and the people of Great Britain, are also
allowed to speak to their own side of the controversy which resulted in
our severance from that kingdom.

PREFACE. Vll
The reader will find a complete table of contents on every page of the
work. The general title at the top ; underneath this, a more particular
index ; and commencing and running through each marginal column, a
special index and references : all which will render his study of it at
once easy and intelhgent.
Such are the aims and plan of the work. Such the materials from
which it is wrought, and of which it is mostly composed. Such as it is,
it is now submitted to the candid and impartial judgment of the people
and the press, of the statesman and the jurist, of the teacher and the
student. If it shall have the effect to promote a more familiar acquaint
ance with, and comprehension of, the origin and nature of our free
governments and institutions, and a more ardent devotion to those essen
tial elements of religious faith and civil freedom which are the basis of
our existence and prosperity as a Sovereign Republic ; if it shall serve
to inspire a more general and abiding reverence for the paramount
importance, and the supremacy, of our Federal Constitution, and to
secure and perpetuate in its origmal affection and harmony, the fra
ternity of our National Union, it will not have been elaborated in
vain.
HENRY SHERMAN...
Hartford, Conn January 2d, 1860.

CONTENTS.

PART I. — The Governmental History of the First Grand Division of the
Continent of North America, called the First Colony of Virginia, South
Virginia, or Virginia; to the Revolution of 1688 in England.
Introduction. Theory and speculations of Christopher Columbus. His nego
tiations for patronage. His voyages. Interest of England in his speculations and
adventures. Voyages of Cabot. Discovery of the Continent of North America.
Title and interest of England in. Grant of Pope Alexander VI., to Ferdinand and
Isabella. Title of England relinquished by Henry VII. Early attempts to settle the
country. Why called Virginia. Condition of at the decease of Elizabeth. Division
and designation of by James I. Charter of James I., creating the First and Sec
ond Colony. Instructions and government under this charter. Character of the
charter and instructions. Expeditions and settlements under the First Colony.
Second and separate eharter of James I. to the First Colony, or London Company.
Enlargement of the corporation. Government under it. Third and separate char
ter of James I, to the First Colony or London Company. Advantages of the First
over the Second Colony. The government under the third charter. Developments
of protestantism in England and Virginia. Ordinance and instructions of the Lon
don Company establishing a colonial government in Virginia. Organization under
the Company's constitution. Compared with New England. . Relations with the
Indian tribes. Colonial acts establishing the local administration. Puritanism in
England and Virginia. Dissolution of the London Company by the crown. Death
of James I. Its effect in Virginia. Accession of Charles I. State of the king
dom. Colonial policy of Charles I. Condition of Virginia. She becomes a royal
colony. Royalty of her administration ; its monarchical features ; its conservative
elements. Progress of protestantism in England. Its effect upon the colonial
policy of the crown. Attempt to revive the London Company. Remonstrance of
Virginia. Address of the colonial assembly to the people. The civil war in Eng
land. Provisional enactments by the colonial assembly. Execution of Charles I.
Its effect on the political condition of the colonies. How received in Virginia.
Public enactments thereupon. Establishment of the Commonwealth in England.
Virginia and the commonwealth. Arrival of commissioners of parliament in Vir
ginia. Virginia surrenders to the commonwealth. Articles of surrender. Procla
mation by the commissioners of parliament. Organization of a provisional colo
nial government. Virginia under the commonwealth. Controversy between the
house of burgesses and the governor and council. Progress of the controversy.
The burgesses triumphant. They claim supreme power in the, colony. Proclamation
thereof. Re-organization of the colonial state council by the burgesses. Death of '

X CONTENTS.

Cromwell. Letter from the State Council of parliament to Virginia thereupon.
Succession of Richard Cromwell. Acknowledged by Virginia. Abdication of
Richard Cromwell. How received in Virginia. The supreme power assumed by
the grand assembly of the colony. Re-organization of the colonial state council.
Restoration of Charles II. How received in Virginia. Revision of colonial laws
by the assembly. Virginia during the reign of Charles II. Her characteristic
qualities and policy of government. Population and condition at the Restoration-
Governor Berkeley's report to the Lords commissioners, 1671. Grant of Virginia to
Lords Arlington and Culpeper by Charles II. Proceedings of the colonial assembly
thereupon. Remonstrance and address to the king. Propositions for a new char
ter. How received in England. Action of the king in council upon it. Bacon's
Rebellion in Virginia. Application for a new charter defeated thereby. Further
negotiations. Charter granted. The new charter. Grant to Lords Arlington and
Culpeper surrendered back to the crown. Proclamation of the king to the colony
thereupon. Political developments of the controversy. Government under the new
charter. Virginia and New England compared. The protestantism of the English
Revolution. Its elements of freedom. Conclusion of Part I. Page 13.
PART n. —The Governmental History of the second Grand Division of the
Continent, called the Second Colony of Virginia, North Virginia, ob New
England, to the Revolution of 1688 in England.
The Second Colony of Virginia, or the Plymouth Company. Its transactions.
New England. Causes which led to its settlement. Origin and nature of Roman
ism. Supremacy of the pope in the sixteenth century. Origin and nature of Pro
testantism. The reformation inaugurated by Luther. Its progress in Europe. In
England. Controversy between Henry -VIIL and Luther. Commended and re
warded by the pope. Effect upon the king. Controversy between Henry VEU.
and the pope. The pope's supremacy repudiated. Supremacy of the crown estab
lished by law. Protestantism and the crown's supremacy. Protestantism and the
Bible. The reformation under Edward VI. Succession of Mary. Her character
and reign. The reformation on the accession of Elizabeth. Under Elizabeth.
Policy of Elizabeth. The Church of England established. The crown's supremacy
and protestantism. Parties originated by it. Parties among the reformers. The
Brownists. Their tenets. Treatment of by EUzabeth. James I., and the reform
ation. Persecution of the Brownists. Their flight to HoUand. Their organization
at Leyden. Application to the Plymouth Company for a grant of land, 1618.
How discouraged. Second application, 1620. Their removal to America. Plant
ing of New Plymouth in New England. Compact of government. Further arri
vals from Leyden. Condition of the colonists. Incorporated with Massachusetts
Bay. Origin of the colony of Massachusetts Bay. Origin of the sect called Puri
tans. Distinction between the Puritans and Brownists. Protestant parties of
the reformation in England. Political elements of puritanism. James I., and the
Puritans. They propose to go to New England. Patent of James I., creating the
Grand Council at Plymouth. Failure of this patent. Death of James I., and suc
cession of Charles I. Grant from the grand council at Plymouth to the Puritans.
Settlement of Salcra in New England. . Elements in puritanism favorable to its
growth as a political party. Increased by persecution.
Incorporation of the Massachusetts Bay Company by the crown. Aims of the
company. General provisions of the patent. Controversy of historians as to the

CONTENTS. XI

motives of the grant. The real motive. Organization of the company in London.
^Ordinance for its government. Plantations of. The Massachusetts Bay Company's
plantations and New Plymouth. Their religious differences. Their fraternization.
Banishment of ad ve nturers, and action of the company thereupon. Political elements
developed thereby. Condition of the colony. Further of the aims of the com
pany. Political developments of puritanism in England. Oppressions of Charles I.
favorable to the growth of the Puritan party. The Massachusetts Bay company
propose to remove their charter and government to England. Progress of the dis
cussion. Resolution of transfer passed. Re-organization of the government in
anticipation. Arrival of the company and charter in New England. The Compa
ny and colony of Massachusetts Bay in New England. Organization of the colo
nial government. Pohtical developments under it. Religious differences in the
colony. Revision of colonial laws. Success of the colony how regarded in Eng
land. Interdict of the crown against emigration. Its political aspects and results.
Quo Warranto against the Massachusetts Bay company. Its charter declared for
feited. Commissioners of the crown demand its surrender. Action of the geueral
court. Gov. Winthrop's letter in reply. Position of the colony. Suspension of
the regal power by the execution of Charles I. The Commonwealth. Its influence
upon the progresss of freedom in America. Restoration of the monarchy under
Charles II. How received in the colonies in America. The plague, and the great
fire in London. How favorable to freedom. Massachusetts Bay and the Naviga
tion Acts. Controversy about. Death of Charles II. and succession of James II.
The revolution in England, Establishment of the protestant succession under Wil
liam and Mary. America, how affected by it,
Origin of the Colony of Connecticut. Commission to John Winthrop and
others from Lord Sey and Seale, etc. His adventure. Trading forts on the Con
necticut River. Planting of Saybrook. Protestantism among the Puritans in New
England. Religious differences in Massachusetts Bay. Arrival of Thomas.Hooker
and others in Massachusetts Bay. They propose to move to Connecticut. Hearing
before the general court on the proposition. The controversy. Its political devel
opments. Ultimate decision. Removal of Mr. Hooker and others to the Connec
ticut River. Settlement of Hartford, etc. Commission of Massachusetts Bay for
the government of Connecticut. Its political aspects. Compact of government
of the colony of Connecticut. Its political aspects. General remarks.
Origin of the Colony of New Haven. Arrival of Mr. Davenport and others
at Boston. How received. Departure of for the Connecticut. Planting of New
Haven. Organization of the colonial government. The compact. Developments
of protestantism. Peculiarity in the origin and growth of the two colonies. The
restoration of Charles II. Connecticut's petition for a charter from the crown.
Negotiations for the charter. Issuing of the charter. Character of the charter.
How received by New Haven. Controversy between the two colonies. Their
union under it. Further history.
The Colony of Rhode Island. Origin of the colony. Roger Williams. His
tenets. Trial before the general court of Massachusetts Bay. His banishment.
Political elements of his creed. His departure. Influence of his opinions in
Massachusetts Bay. Planting of Providence. Political characteristics of its
settlement. Mrs, Hutchinson's "-heresies" in Massachusetts Bay. Her trial and
banishment. Settlement of Portsmouth and Newport. Condition of the colony.
Application of Roger Williams for a charter. Ordinance of parliament thereupon,

Xll CONTENTS.

Charter of incorporation. Political developments. Organization of the colony
under it. On the Restoration of Charles II. Relations of Rhode Island with the
other New England colonies. Negotiation for a charter from the crown. Com
mission therefor. Petitions and negotiation. Policy of the general court ; their
allegiance to the commonwealth; to Richard Cromwell; to Parliament. Action
upon the restoration. Allegiance to the crown. Character of the charter prayed
for. The experiment in Rhode Island. The charter procured. Its political ele
ments. How received in the colony. The true value of colonial charters. Relig
ious freedom in Rhode Island. Charges of persecution against considered. Tri
umph of Protestantism in England. Condition and relations of the New England
colonies from this period. Conclusion ot Part II. Page 197.
PART III. — The Governmental History of the Anglo-American Colonies,
from the Accession of William and Mary to the Declaration of their
Independence. Origin and designation of the several colonies. New York. New Jersey. Penn
sylvania. Delaware. Maryland. The Carolinas. Georgia. New Hampshire. Their
organic differences. Their organic similitudes. Rehgion, intercourse, and relations
with each other. Relations and allegiance to England at the close of the French '
War. The Peace of 1763. Colonial policy of England. Origin and causes of the
Revolution. Tlie revenue system of taxation. How regarded in America. Its
enforcement under the Stamp Act. Its reception in the Colonies. Opinion of
Washington upon. A general Colonial Union recommended. The Colonial Con
gress in New York, 1765. Its proceedings. Declaration of Rights by. Publica
tion of its proceedings. Colonial and popular demonstrations against the Stamp
Act. Examination of Dr. Franklin in the House of Commons. Speech of Mr.
Pitt upon American taxation. Repeal of the Stamp Act. News of how received
in America. Opinion of Washington upon. The Declaratory Act. Its effect in
America. Complications of the Ministry. Tlie commercial system qf taxation.
Duties on commercial importations, 1767. Opposition to in America. New mode
of enforcing submission. A voice from Virginia. Circular letter of Mass. Bay to
the colonies on public affairs. Opinion of Washington on the times and measures
of resistance. Of George Mason. Non-Importation Association of the colonies.
Lord Hillsborough's Circular Letter to the colonies. Its effect in America. Repeal
of the Duty Act. Reserved duty upon tea. Junius on the measures of Ministry.
Sir Edmund Burke do. Effect of the Repeal in America. The tea duty. Act of
parlialnent for its further imposition. East India Company's shipments of tea to
America. How received at Boston. Destruction of the tea. Shipments of the
Co., how received in other ports. General Assembly of Mass. Bay on the tea duty.
Proceedings in parliament. Message of the King. Debate in the House of Com
mons on the "Boston outrage." Lord North's motion for an address to the King.
Proposes the Boston Port BiU. Debate upon. Passage of the BiU. Other BUls.
Debate upon. Motion to repeal the tea duty, and debate upon. The Quartering
Act. The Quebec Bill, etc. Speech of Lord Chatham in opposition to. General
provisions of these Acts. Their reception in America. A general congress sug
gested. Opln'ons of Washington. The colonial congress of 1774. Its organiza
tion. Resolutions, &c, in reference to Mass. Bay. Letter to General Ga^e. Dec
laration of Rights. Measures of redress. Articles of non-importation non-con-

CONTENTS. Xlll

sumption, and non-exportation, adopted by the congress. Address to the King.
To the people of Great Britain. To the inhabitants of the colonies. To the inhab
itants of Quebec. Resolution recommending a congress in May, 1775. Letters to
the colonies of St. Johns, etc. To the American agents in London. Capt. Mack
enzie to Gen. Washington. Washington in reply. John Dickinson to Arthur Lee
on the adjournment of the congress. Posture of affairs in America. In England.
The proceedings of the congress laid before parliament. Reception of the address
to the King. Lord Chatham's motion to recaU the troops from Boston. Debate
upon. Lord North moves an address to the King, declaring Mass. Bay in rebeUion.
Debate upon. Motion carried. The Address. Protest of the Opposition. The
King's answer to the address of the House. The crisis in American affairs. Con
flict at Lexington and Concord. The colonial union in the congress at PhUadel-
phia, May, 1775. Recognition of protestantism. Resolution recommending a gen
eral fast. BiU for raising and supporting an army. Formation of the army of
the united colonies. Choice of commander-in-chief. Election of Washington.
His acceptance of the appointment. His commission and instructions. Election
of other officers. The congressional government. Manifesto upon taking up
arms. Object of the colonial union. Petition to the King. Address to the inhab
itants of Great Britain. Letter to the Lord Mayor of London, etc. To the colo
nial agents. Articles for a colonial confederation submitted by Dr. Franklin.
Address of the congress to the Assembly of Jamaica. To the people of Ireland.
The compact of union proposed by Dr. Franklin. Plan of Accommodation pro
posed by parUamerlt to the colonial assemblies. Referred to the congress. Opin
ion of the congress upon it. Construction of the non-exportation compact. Ad
journment of the congress. Examination of Governor Richard Penn in the House
of Lords, on presentation of the petition of this congress to the King. Motion
thereupon, and debate. The congress of Sept. 5th, 1775. Resolution of secrecy.
Position of the colonies. Of the congress. Transition period in their govern-
. mental history. Independence in the congress. Letter of General Lee to Richard
Henry Lee on independence. Resolutions of independence. The Declaration of
independence. The men of 1776. Conclusion of Part III. Page 365.
PART IV. — The Governmental History of the thirteen Anglo-American
Colonies from their union under the Declaration of Independence, to the
adoption of the present constitution.
The Revolutionary Union of the Colonies under the Declaration of Independence.
Protestantism and the Declaration of Independence. Triumphs of Protestantism
in England. In America. Effect of the Declaration of Independence upon the
political condition and relations of the colonies. Necessity of a new government.
Committee appointed to draft a form of confederation between the colonies, June
11,1776. First report of the committee, July 12th. The proposed plan. Second
report of the committee, August 20th. Adopted by the congress. The proposed
articles of confederation. Reference of, to the states by the congress. Circular
letter of the congress to the colonies upon, Nov. 17th. Copies ordered for the
states. To be translated into the French language. Treaties of alliance, etc.,
with France, Feb. 6th, 1778. Action of the congress upon, .May 4th. Effect of.
Committee upon, and form of ratification adopted by the congress. The treaty of
amity and commerce. The treaty of alhance eventual and defensive. Address of
the congress to the inhabitants of the U. S. A., upon public affairs, May, 1778.

Xiv CONTENTS.

Arrival of peace commissioners from England, June 4th. Their reception by the
congress. The theory of government of the united colonies. The colonial union
under the martial manifesto. Colonial or state sovereignty. Action of the states
upon the proposed confederation. The articles of confederation in the congress,
1777-81. Powers of delegates to ratify the same. Reports from the several colo
nies, June, 1778. Report from Maryland. From New Hampshire. Massachusetts.
Rhode Island. New York. New Jersey. Pennsylvania. Virginia. South Caro
lina. Georgia. Committee appointed to prepare a form of ratification. Report of
the committee. Adopted June, 1778. Ordered engrossed with the articles of con
federation. Signing of the same by the delegates of eight of the colonies. Reso
lution thereupon. Circular letter of the congress to the colonies whose delegates
had not ratified it. Report and ratification by the delegates from Georgia, July,
1778. From North Carolina. Further report by the delegates from New Jersey,
Nov. 1778. Constitutional recognitions of protestantism by the congress. Reso
lution for a general thanksgiving. Proclamation. Report on the confederation by
the delegates from Delaware, Feb. 1779. Ratification of by. Resolution for a
general fast by the congress. Proclamation. Its pohtical developments. Further
report on the confederation by the delegates from Virginia, May, 1779. Proposes
to ratify with any number of states. Second report by the delegates from Mary
land, May, 1779. Claims to crown lands. Further report from Connecticut, May,
1779. Proposes to ratify with eleven other states. Second address of the con
gress to the inhabitants of the U. S. A., on pubhc affairs, May, 1779. The crisis of
the confederation. The compact of independence and the proposed confederation.
Hostility of ministry to the proposed confederation. Circular letter of the con
gress to their constituents on public affairs, Sept. 13th, 1779. Characteristics of
the statesmen of the revolution. Proclamation for a pubUc thanksgiving by the
congress, Oct. 20th, 1779. Complications of the proposed confederation. Contro
versy about the crown lands. Pubhc sale of lands advertised by Virginia. Re
monstrance against in the congress. Action of the congress upon. Report upon,
Oct. 29th, 1779. Controversy between Pennsylvania and Virginia about lands.
Resolution of the congress upon. Mediatory act of New York to accelerate the
federal alliance, Feb. 19th, 1780. Proceedings in the congress upon, Sept. 1780.
Appeal to the states. To Maryland. Effect of the appeal. Third report by the
delegates from Maryland, Feb. 1781. Ratification of the confederation by. Final
ratification by all of the states, March 1st, 1781. Effect of on their independency.
Tlie permanent union under the confederation. American independency in Great
Britain, 1777-82. Debate in the House of Lords upon the war, Nov. 1777. On
the war and the alliance with France, March, 1778. Motion for an address to the
crown advising a withdrawal of the royal forces from America. Debate upon.
Debate closed by the sudden illness of Lord Chatham. Renewal of the debate on
the war, House of Commons, Nov. 1778. The king's address. Motion of thanks
by Mr. Grenville. Debate upon. Opening of parliament, Nov. session, 1781.
The king's address. House of Lords. Earl of Shelburne moves an address of
thanks to the king. The proposed address. Debate upon. Defeat of Lord Corn
waUis' army. Debate upon in the House of Lords, Feb. 1782. Motion of inquiry
in relation to. Debate upon. The result. General Conway's motion for an ad
dress to tho crown to discontinue the war, House of Commons, Feb. 1782. De
bate upon. Question on the motion. Renewal of the motion and debate Feb
27th. Proposed bill for peace by ministry. Reply of the crown to the address of

CONTENTS. XV

the House. Motion of thanks and debate upon. General Conway's proposition for
peace with America. Debate and resolution upon. The attorney-general's bill for
peace, March 5th, 1782. Debate upon. The crisis and the people. Popular cry
for peace. Lord Cavendish's resolutions of censure on the ministry. Debate upon,
March 8th. Sir John Rous' motion against the ministry. Debate upon, March 15th.
Debate upon the removal of the ministry, March 20th. Lord North announces the
removal of ministry. Debate thereupon, March 25th. Change in the ministry an
nounced by Mr. Dunning. Motion deferred. Debate on the removal of the minis
try, in the House of Lords, March 22d to 25th. Change in the ministry. The new
cabinet. The basis of its construction. Policy of the new administration. Em
barrassments of. Changes in. The urgent necessity of peace with America con
ceded. Admission of American independency compelled by the voice of the nation.
Resolved upon July 10th, 1782. Negotiations for peace. Provisionary articles of
peace, Nov. 1782. Preliminary articles between England and France. Between
England and Spain. Ratifications and exchanges. Proceedings in the U. S. A.
Proclamation for a cessation of arms by congress, April, 1783. Washington
invited to an audience with the congress, August, 1783. Address of the president
to Washington. Washington's reply. The definitive treaty of peace between
Great Britain and the U. S. A., Sept. 1783. Termination of the revolution. Proc
lamation for a public thanksgiving by the congress. Proclamation disbanding the
army, Oct. 18th. Washington surrenders his commission back to congress, Dec.
23d. His address. The president's reply. Ratification of the definitive treaty by
the congress, Jan, 14th, 1784. Proclamation thereupon. Accompanying 'recom
mendation to the states. Provision for a federal town. The compact of the con
federation. Defects of. Causes of its inefficiency. Colonial independence and
state sovereignty. Mutual dependence of the colonies. The New England confed
eration, 1643. Plan for a general union of the colonies in 1754. Mutual depend
ence of the colonies necessitated their union. The compact of independence.
Necessity of a national sovereignty. Further on the defects of the confederation.
State sovereignty, its source and origin. State sovereignty and the general gov
ernment. Resolution of New York on the insufficiency of the confederation, July,
1782. Resolution of congress thereupon. General system of revenue proposed to
the states, April 18th, 1783. Address by the U. S. A. to the states on public affairs,
AprU 26th. Depreciation of the national credit at home and abroad. Letter of
Dr. Franklin upon. Of the French Minister. Washington on pubhc affairs. The
necessity of a national sovereignty how regarded. Report on the system of gen
eral revenue proposed by the congress, Feb. 1786. Its reception by the states. Its
defects. The Annapolis convention, Sept. 1786. How it originated. Report of its
^ proceedings. How received by the states and congress. The crisis of the union.
The proposed federal convention. Response of the states. Powers of delegates.
The proposed federal convention in congress. Proposition of New York. Of Mas
sachusetts. The convention recommended by congress, Feb. 1787. Appointment
of delegates to by the states. Their powers. Provision by congress for the gov
ernment of the territorial domain of the U. S. A., 1787. ¦ The ordinance. The fed
eral convention at Philadelphia, May 14th, 1787. Organization of. Rules of.
Propositions submitted. Importance of the crisis. Complicities of the Conven
tion. Sovereignty in the states. Debate upon. Abolition of the confederation.
Letter of Mr. E. Randolph upon. The convention at fault. Dr. Franklin's motion
for daUy prayers. Report of the convention to congress. The constitution report-

14 THE GOVERNMENTAL HISTORY OF •
Part I. north America,
Introduc- unfortunately captured and plundered by pirates on his
voyage ; and after his release was effected, before he
found himself in a condition to appear before the
Columbus haughty sovereign of England, Columbus, discouraged
to visit an<i disgusted at the treatment he was receiving at the
England in COurt of Spain, indignantly resolved to visit Henry VLT.
in person. Just as he had begun to carry this resolu
tion into effect the final overthrow of the Moorish Dy
nasty, by the conquest of Granada, was announced, and
How pre- gave a new aspect to the affairs of the kingdom of Fer-
vented. diriand an<i Isabella. The triumph filled them with the
proudest exultation, and produced a liberality of dispo
sition which seemed ready to interest itself in almost
any enterprise which might add the lustre of munifi
cence to the glory of conquest.
Negotia- Two personal friends of Columbus, Alonzo de Qutn-
thTfriends TANILLA' comptroller of the finances of Castile, and
of Coium- Luis de St. Angel, receiver of the ecclesiastical reve-
FerdTnand nues in Arragon, availing themselves of the favorable
and isa- posture of affairs, came forward and presented the sub
ject of his proposed enterprise in a well-devised address
to the Queen.
Their ap- While congratulating her on the auspicious triumph
queen? * ° °f ner a™is, they lauded the munificence with which
she had hitherto patronized all great enterprises, and
expressed their surprise at her indifference to a project
" the most splendid that had ever been proposed to any
sovereign." They discoursed upon the favorable terms
upon which Columbus offered to embark in the adven
ture, upon his sincerity evinced by his willingness to
hazard his own life and fortunes in prosecuting it ; and
represented, in his design to apply to England, the
danger of losing irrevocably the benefits which might
result from the success of his schemes, and the glory
•Winter- which would ensue to his patrons* Then, finally, ap-
Robert^' pealing to the well known piety of Isabella, they spoke
son. of the pre-eminent honor she might win to herself and
her kingdom forever, by thus extending the sway of

THE UNITED STATES OF AMERICA. 15
HOW AND WHEN DISCOVERED. PART I.
the church, increasing its treasures, and bringing within introduc
es sacred pale the benighted and degraded people of tl0n"
unknown and heathen lands.
This was the moment of all others the most oppor
tune, and the appeal was not idly or ineffectually made.
Isabella ordered Columbus to be recalled, declared that isabeUa
he should be employed on his own terms, and entered herafif3 to
so enthusiastically into his speculations, that, on Ferdi- the enter-
nand's suggesting the almost exhausted condition of
the treasury, she replied, " I will assume the undertak
ing for my own crown of Castile, and am ready to
pawn my jewels to defray the expense of it, if the
funds of the treasury should be found inadequate."* * Prescott,
With this she magnanimously stript her jewels from her
person and extended them to St. Angel, who was so
overjoyed at the enthusiasm of the QueeiTthat he seized
and kissed her hand, and engaged on his own respon
sibility to advance the monies required, rather than that
such an enterprise should be lost or frustrated.
While these scenes were enacting at the court of
Spain, Columbus was proceeding on his way towards
England wholly ignorant of the efforts which his friends Columbus
were making in his behalf. When the courier of the thepatron-
Queen overtook him and announced the resolution in age of Isa-
his favor, he was completely overpowered by the unex- 1492!
pected intelligence. He repaired at once to Santa Fe
where he soon forgot the wrongs and indignities he had
suffered during eight tedious years of fruitless nego
tiation for patronage, in the prospect of and prepara
tions for his splendid enterprise.
The terms and conditions for the adventure were
concluded on the seventeenth day of April, 1492, as
follows :
I. Ferdinand and Isabella, as sovereigns of the ocean, Terms of
appointed Columbus high-admiral in all the seas, islands enterprise
and continents which he might discover and conquer, of Coium-
guaranteeing the office to him and his heirs forever,
with the privilege of prefixing to their names the

16 THE GOVERNMENTAL HISTORY OF
Part I. north America,

Introduc- titles of dons, admirals, viceroys, governors, with the
like prerogatives possessed and enjoyed by the high-
admiral of Castile, within the limits of his jurisdiction.
Terms of II. If for the better administration of affairs in any
prise. " sucn islands or territories, it should be necessary to
establish a separate authority, Columbus should have
the privilege of naming three persons, and the crown to
appoint one of the three nominated, to the. office of
governor or viceroy thereof.
III. The tenth part of all minerals, and of the free
profits accruing from the productions or commerce of
or with such countries, was given to Columbus and his
heirs forever.
IV. If any controversy, or law-suit, should arise with
regard to any mercantile transaction, in any such
country, it should be determined by the sole authority
of Columbus, or by judges appointed by him.
V. Columbus to be entitled to an additional one-
eighth part of the profits as aforesaid, provided he
advanced an eighth part of the cost of the expedi
tion.
Columbus' Under these favorable auspices Christopher Colum-
age' 1492. bus embarked, on the third day of August, 1492, on
the bosom of that hitherto unmeasured ocean which
stretched off from the shores of the old world into the
unexplored regions lying towards the setting of the sun,
Aim of pledging himself to his patrons, by sailing in that direc-
dition!Pe" tionJ to discover another Continent in the Western Hem
isphere, or else to disclose a new and more expeditious
route to the Indian Ocean.
The re- I do not. propose to enter into a detail of his adven-
explora-hlStures- It is sufficient for my purpose to remark, that
tions. the astonishing results of his explorations disclosed to
mankind the existence of a country and tribes of men
hitherto unknown to civilized society, and awakened
among the rival powers of Europe a bolder spirit of en
terprise and adventure: Each became ambitious to
extend its dominions, to develope its resources, and to

THE UNITED STATES OF AMERICA. 17
HOW AND WHEN DISCOVERED. PART I.
enrich its treasury ; and each fitted out its expeditions introduc-
for exploration and discovery. on"
The application of Columbus, by his brother Bartholo- interest of
mew, to Henry Vn., though it gained him no patronage, America"1
was not without its beneficial effects. When it was pro- j^-°ri6*"
posed to him the sag'acious monarch comprehended at
once the magnificent project,* and entered warmly into * Robert-
the designs of its author. ' The subject became a topic son-
of free conversation and frequent discussion in his The propo-
Court, the attention of scientific men was directed mmbugt0~
towards it, and a spirit of research and inquiry was Henry vii.
awakened and cultivated. The return of Columbus, ceived.
the triumphant and successful issue of his voyage, the
discovery of a new and inhabited region beyond the Effect of
sea, and his descriptions of the countries in it which he pi^f *nSi
had visited— which even in reality seemed far to surpass
the brightest visions of the imaginatiohf— and the pres- t.See fr
ence .of a few of the strange natives vouching the vera-JImbua.
city of his statements, roused the attention of the whole
of Europe, and the Crown of England eagerly assented
to the application of some of its subjects to embark in
a similar enterprise.
But her attainments in the art of navigation were
not now such as to enable her own subjects to carry
out these purposes of exploration. For the space of
two centuries, while commerce and the mechanic arts State of
were making a steady progress in the north and the ence ^
south of Europe, England had remained almost insen- England.
sible to the advantages of her position, and looked with
indifference on those projects and arts which have since
become her boast, her pride, and her power. While
other nations had been busily promoting the interests
of trade and navigation, she had remained inactive,
unaltered, and unimproved: Her own ships and sea
men had not ventured out of sight of her coasts, while
her mariners and her merchants were hardly acquainted
With the distant ports of Europe.* * Bigland.
„ , , . , ,.,. .. , ¦> Robertson.
Such being her condition, it became necessary, m
2

18 THE GOVERNMENTAL HISTORY OF
Part I. north America,
¦ Introduc- order to carry on the proposed enterprise of explora
tion, to look to other countries for experienced marin
ers and navigators. Henry accordingly invested Gio-
Commis- vanni Gabot, or John Cabot, a Venetian adventurer,
jo^ ca- *nen a* Bristol, with the chief command of the expedi-
bot and tion. A commission was given to him and three of his
March sth, sons, Lewis, Sebastian, and Sanctius, empowering them
U95- to sail under the flag of England, in any direction, to
discover countries as yet unknown to any Christian
nation, and to take possession of the same in the name
of the Crown of England. This commission was dated
Marcii fifth, 1495, but Cabot did not set sail on the
Sailing of enterprise contemplated until the fourth of May, 1497 ;
diti'on/Pe' wlien ne embarked at Bristol, with his son, Sebastian,
May 4, on board of a vessel which was furnished by the Crown,
accompanied by a squadron of smaller vessels prepared
and furnished by a company of merchants of that city.
Aim ofthe The more immediate aim of this expedition was to
enterprise, discover a new route to the East Indies, which, accord
ing to the theory of Columbus, it- was now generally
believed, could be accomplished by sailing directly
westward. The countries which he had already discov
ered were supposed to be adjacent to the Continent of
Asia, and to form a part of the "long chain of Indian
Islands," hence they were called the West Indies, and
the inhabitants received the name of Indians.
Course of In accordance with this opinion Cabot directed his
the voy- courge due Wegt# Mter sajiing tQ that pojnt f()r gey_
eral weeks they discovered, the Island of Newfoundland.
A few days afterwards they reached the Island of St.
Sof Johns' .TheJr landed at each of them, made cursory
John and observations on the nature of tlie soil and the climate
Cabotun- took possession of them in the name of the Crown of
vii.fei497England' and taking with them tllree of tne natives,
-1498. embarked on their return voyage, eager to announce
the. result of the enterprise before attempting any fur
ther exploration.
The success of this expedition encouraged the par-

THE UNITED STATES OF AMERICA. 19
HOW AND WHEN DISCOVERED. PART I.
ties who had patronized it to fit out a second adventure, introduc-
Cabot and his son Sebastian were the commanders in
this new enterprise, whose aim still was to discover a Second
passage to India. Holding his course to the westward, tion, 1698.
he reached the continent of North America, and sailed Discovery
along the coast from 56° to 38° N. L., from Labrador to tinent of"
Virginia. Discovering no inlet which seemed to prom- ^*.
ise a communication with the Southern or Indian
Ocean, and being short of provisions, he returned again
to England without having yet made any advances
towards a conquest or settlement of the country* * See Wil-
Thus much of these incidents in history, by way of Bigiand.
introduction, to show how it was that this great Conti- Robertson.
nent was first brought to the knowledge of mankind,
and first attracted the interest and the regard of that
powerful parent of The United States of America, The
Kingdom of Great Britain.
In this age of the world, it was generally conceded Title to the
newly dis*-
by the nations of Europe that the Supreme title to all covered
pagan countries was vested in the Pope of Rome, as the countl7-
Vicar of Christ on earth ; and that it was competent for
" His Holiness " to dispose of all regions " wherein no
Christian Nation was dwelling or abiding" to any Chris
tian Potentate. Accordingly, on the return of Colum
bus from his first voyage, Ferdinand and Isabella applied
to the Pope for a confirmation of their title to the coun
tries which he had discovered.
The Pontifical Chair was at this time filled by Alex- 6«at of
ander VI, "a man who although degraded by unre- ander vi?"
strained indulgence of the most sordid appetites, was t0 F?rdi"d
endowed by nature with singular acuteness, as well as Isabella,
energy of character." * ' He issued three several Bulls, f^'
in quick succession, conferring upon Ferdinand and* Prescott.
Isabella and their successors, tlie Sovereign title to all
" Regiones et Insulas, Novi Orbis, in Oceana Occidente,
Hispanorum Navigationibus repertas;" and also to all
Islands and Countries, which, they might thereafter dis
cover, to the west of a supposed line drawn from pole.

20 THE GOVERNMENTAL HISTORY OF
Part I. north .America,-
to pole at the distance of one ' hundred leagues to the
* Presr west of the Azores and Cape de Verd Islands ; as well
drnandSd as over a^ countries discovered by them whetiier. in the
Isabella. i. Bast, or within the boundaries of India ; all previous
State Pa- grants and concessions to the contrary notwithstand-
pers. ing.*
Its effect It is evident that if priority of discovery had, at this
^?°"^er^es time, been regarded as conferring an absolute title. in
made by the new country, Henry VH. might in like manner have
taken advantage of the result of these expeditions to
annex the Continent of North America to his own
dominions. But the return of. Cabot found the. nation
embroiled in a war with a neighboring; Island, while
she had scarcely recovered from the civil feuds which
Henry had then recently convulsed her western provinces;
cedesThe Henry VII. was also too solicitous of retaining the
priority of friendship of Ferdinand, being engaged in negotiating
rived from an alliance between his eldest son and Catharine, the
the Pope, daughter of that monarch. He therefore, courteously
rather than justly, conceded that the Islands and terri
tories which Cabot had discovered, might be compre-
* Bigland. hended within the very liberal grant made to Ferdinand
Prescott0"' and IsaDeUaJ by tue Pope. Nor had even kings, in that
day, the hardihood or impiety to question the validity
of a donative from the See of Rome.*
Expedi- These circumstances and considerations induced the
America Crown of England to abandon the idea of another expe-
abandon- ditioh to the New World; and no more material im-
ei - provement was made of the discovery than that the
private enterprise of a few individuals carried on at
straggling intervals a fishing and fur trade with the
natives. A period of more thah sixty years was per
mitted to pass away before the Crown became again
actively interested in its discoveries in America. A
variety of causes, which I need not detail, had com
bined to withdraw attention from a subject which was
destined to become one of deep and thrilling interest
to the whole world.

THE UNITED STATES OF AMERICA. 21
*  .  ___^ .^ ___ __ _
TITLE AND INTEREST OF ENGLAND IN. PART I.
It was reserved for the spirited and efficient reign of EUzabeth
Elizabeth in a measure to accomplish what her prede- enterprises
cessors had, through effeminate indolence, papal fear, °f Com-
negligence, or want of ability, left so shamefully undone. Naviga> :
The peaceful reign to which she succeeded, and the tlon> 15>JS-
tranquility which attended the first thirty years of her
own auspicious administration, had combined to pro
mote the growth of commercial enterprise, to give a
wider range to the investigations of science, to encour
age the mechanic arts, and to protect and foster all the
departments of learning, trade, and industry in her ,
kingdom. The rapid progress made in the art of navi- Maritime
gation,in a few years, nearly outran the attainments of {m°jfr<Eiiz..
more experienced nations, a navy was built up, seamen abeth.
were fostered, and adventurers were encouraged and
multiplied. The wide field of exploration into wliich
she sent forth her subjects quickened their energy,
while their achievements were the most admirable and
astonishing. But we must pass by the various projects
for discovery which gave lustre to her reign, and con
fine ourselves more particularly to those which may be
regarded as the origin and commencement of our own
Governmental History.
It was her jealousy of rival powers, coupled with an EUzabeth
ambition to enlarge her own dominions, which prompted attentton
Elizabeth' to turn her attention to the New World. The t0 the New
World.
proud spirit of the Tudors could not brook rivalry or 1578.
superiority. The vast revenues which Spain was reap
ing from her discoveries in these new regions of the
West excited her emulation ; and she resolved to ex
plore and to settle the "country which had simply been
discovered, and but carelessly visited. A few of her
subjects, men of rank and opulence, had caught her
spirit and- projected a plan for a permanent settlement.
It was submitted to the Queen and met with her hearty
co-operation. Patent to
• On the eleventh day of June, 1578, she issued a patent phrr£ugii.
to Sir Humphrey Gilbert, its chief projector, author- bert, 1578.

22 THE GOVERNMENTAL HISTORY OP
.^—  M  .  r-
FART I. NORTH AMERICA,
Patent of izing and empowering him "to discover and take pos-
to Sir e session of, all unknown and heathen lands wherein no
Humphrey Christian People were dwelling or abiding" — giving, tq
1578. ' him and his heirs, full right and title to all the coun
tries of which he might take possession ; to be holden
of the Crown of England, rendering homage, and pay
ing one-fifth of whatever gold or silver ore might be
found therein, — with power, to him and his heirs, to
dispose of any portion of the same to settlers in fee
simple ; provided ahvays, that such sales should be made
agreeably with the laws of England — the settlers to have
and enjoy all the privileges of free denizens and natives
of the. mother country, any law, custom, or usage to
the contrary notwithstanding. Sir Humphrey Gilbert
and his heirs were invested with full jurisdiction over
Liberal all the settlements- planted by him, with aE powers and
of°the10nS royalties, marine, civil and military ; with power to con-
Grant, vict, pardon, punish, govern and rule, as well in cases
;capital or criminal as civil, both maritime and other, all
persons who from time to time should settle therein,
according to such laws, statutes, and ordinances as by
iim, his heirs or assigns should be devised or estabhshed
for their better government." Free license was given
to any of her subjects to transport themselves and to
settle in the countries he might discover, while all per
sons were " prohibited attempting to plant an indepen
dent colony within two hundred leagues of any place,
which Sir Humphrey Gilbert and his associates may
have occupied for the space of six years."
' Such were the liberal powers and immunities with
which Sir Humphrey Gilbert was endowed, and which
were to encourage the expedition now proposed for
planting an English Colony in America. His personal
worth. and consideration, united with the distinguished
exertions of his half-brother Sir Walter Raleigh, soon
procured a number of associates in the adventure. But
the success of the enterprise was not equal to the zeal
of its patrons, or the efforts of its projector. He made

THE UNITED STATES OF AMERICA. '23
EARLY ATTEMPTS TO SETTLE THE COUNTRY. PART I,
two attempts to plant a settlement by wliich nothing Under the
further was accomplished than to take, formal possession Elizabeth
of the continent in the name of the Crown . The absence *? Sir
of all acquaintance with the country, the insufficiency Gilbert,
of the preparations made for establishing a settlement, 1B>18-
the mutinies and insubordination of his crew, and the
loss of his most valuable vessels by shipwreck, were the
material causes which hindered the accomplishment of Termina-
his aims. They were at length fully frustrated by aa(jTen_
violent storm encountered off the shores of Cape Bre-tures-
ton, during wliich his vessel was wrecked and himself * Robert-
perished in the sea.*
The equally bold and zealous spirit of Sir Walter Patent to
Raleigh, who did not accompany these expeditions, was Raieigh,'61
not disheartened by the unfortunate fate of his kinsman. APril 2?i
He made an application to the Queen aud received a
patent containing as liberal a bestowment of powers and
privileges. Under its protection he fitted out a small
expedition which made a few discoveries farther to the Expedi-
South, but did not effect any settlement. Sailing into*h°^pat.er
Albemarle and Pamlico sounds, they engaged in a little ent-
traffic with the natives, derived from them some infor
mation of the country, and, taking two of them on
board of their vessel, returned again to England in
September of the same year.
The season of the year at which they approached the Their arri-
coast of America, combined with the general aspect of America.
the country and the purity of the climate, to produce Aspect of
the most pleasing impressions upon these adventurers.'*® coun*
The eye was never tired with gazing upon, and the imagi
nation was completely charmed by, the wild scenes of
; beauty and luxuriance which opened before their aston
ished vision. The majestic Bay, the verdant islands,
the placid river, the rich forest, the exuberant soil, and
the salubrious clime, were a most enchanting sequel to
the fatigues and the hardships, the exposure and the
perils, of their uncertain and tedious voyage. They
were remembered and described, on their return, with the

24 THE GOVERNMENTAL HISTORY OF
Part I. Virginia, «
How most glowing enthusiasm. Elizabeth was so fascinated
EUzabeth. ^vith their descriptions that she bestowed upon the coun
try the name of Virginia, in memorial that a discovery
so felicitous had been made under the auspices of a
Virgin Queen.
Sir Walter Raleigh was also encouraged by these
descriptions of the country, to make further prepara
tions for its settlement, and accordingly fitted out anoth
er expedition, wliich sailed on the nineteenth day of
April, 1585. It consisted of seven small vessels, under
the direction of Sir Richard Grenville, who planted a
Planting settlement at Roanoke, and entrusting the supervision
0ke '" of it to Ralph Lane, set sail on his return to England
1586. in August of the same year. This settlement consisted
of about one hundred and eight persons, who were
chiefly occupied in making scientific observations and
exploring the resources of the country. The approach
and progress of winter, the failure of their stores, the
hostility of the natives, and the ravages of disease, con
spired to diminish their numbers and to threaten their
entire extinction. A few of them survived till the
month of June following, when they were cheered by
the arrival of Sir Thomas Drake, who was then return
ing with a small fleet from a naval- expedition against
The Settle- the Spaniards in the West Indies, and availing them-
doned an" selves of this opportunity they all embarked for Eng-
June,i586. land.
Harriott's Among this handful of adventurers whose necessities
' thus compelled them to return to their native land, was
one Richard Harriott, a man of much learning and sci
ence, and great practical energy and intelligence. He
had employed himself industriously during his adverse
residence on the New Continent, in philosophical
researches; in making observations on its soil, climate
and productions; and upon the manners, customs, and
Itspublica. extent of its native population. The result of his labors
England, was giTen to the public, was sought after and read with
1687. : great avidity, and increased the already glowing desire

THE UNITED STATES OF AMERICA. '25
• EARLY ATTEMPTS' TO SETTLE THE COUNTRY. PART I.
of the nation for the occupation and settlement of the
country. One of the principal products cultivated by
the natives was tobacco ; which was at this date first Tobacco
introduced to the acquaintance of civilized society ; a^Jfj™^
_ specimens of it were taken to England, and, says the England.
historian of those times, "the use of it was fondly
adopted by Raleigh and some young men of fashion."
Early in the succeeding year Sir Walter Raleigh fitted
out a third expedition to America, under the direction Third ex.
of Captain John White, which was composed of a large under°tne
number of adventurers with their wives and families. ^.ate°t *°
This company was regularly organized ; they received Raleigh,
a charter naming them The Governor cmd Assistants16^-
.. qf the City of Raleigh, in Virginia, Capt. White wasThe first ;
. appointed their Governor, with twelve assistants, who ted com-
together constituted a board or council, in whom were pany-
vested the executive, judicial, and legislative powers of
the Colony.
Capt. White was instructed to plant the settlement on Re-settle-
the shores of the Chesapeake, but arriving at Roanoke Eoanoke.
in the month .of July,- when everything combined to
give the most favorable impressions of the station, he
determined to remain there, and at once set about
organizing his infant community. But after the first
flow of joyful emotion on account of their safe arrival
.. had subsided, and they began to realize their true con- Embar-
. dition, these adventurers were surprised to find them- ^the aft-
selves on a shore, covered -with dismal swamps, with tiers.
thick and seemingly interminable forests, inhabited by
naked savage tribes, and withal to learn that they were
but poorly provided with the means of sustenance, or
.the appliances necessary for , their permanent settle
ment, safety, and comfort, in so wild a region.
A request was unanimously made that Capt. White Capt.
¦-*¦-¦ ' White sent
would return and solicit from their patrons at home such to England
supplies as were needful for the maintenance and pre-forrelief'
seryation of the plantation. His appearance in England
on this errand happened at a most unfavorable juncture;

26

THE GOVERNMENTAL HISTORY OF

Part I,

VIRGINIA, '

The result just as the famous Armada of the second Philip of Spain
eion.3 nUS was threatening the kingdom. Raleigh and his coadju
tors were now occupied with the more thrilling and
momentous interests of the mother country; the few
and enfeebled adventurers who languished on the' dis
tant coast of America were forgotten or neglected, and
left to perish without sympathy or consolation.
He returns Governor White came over again to America in the
ia uwx~ year 1590, with supplies and recruits for the colony, but
they found no traces of its existence, nor a soul to tell
the experience or the fate of those who had so nobly
again to dared to remain in it, and they returned again to Eng-
Engiand. land, September, 1590.
The settle- Here and thus terminated the last attempt made dur-
ATerica inS the reiSu of ElizaDeth to settle Virginia. Sir Wal-
again ter Raleigh, whose commanding genius and splendid
ed 1590! accomplishments gave lustre and energy to whatever
enterprise he extended his patronage, had conceived a
new project of settling a large district in Ireland, of
which he had received a grant from the Queen. Other
projects equally fascinating, and rendered the more
attractive to his adventurous spirit because of the diffi
culty of tlieir achievement, at the same time interested
his attention and supplanted the late favorite idea of
Transfer settling Virginia. He' transferred all his interest in it,
patent by ky assigning his patent to Sir Thomas Smith and a corn-
Sir Walter pany of merchants, under whose auspices several voy
ages were made for the purposes of traffic with the
Indians, but they were not attended with any noticeable
or praise-worthy efforts to meliorate the condition of
the country.
Condition Thus at the decease of Elizabeth, in 1603, notwith-
at the^a standing all the enterprise that had been lavished, the
^?seu0^ lives which had been sacrificed, and the wealth which
Elizabeth, •
1608. had been expended, tliere was not one white man known
to be living in America. Without staying to speculate
upon the various causes wliich had operated to prevent
a permanent settlement in the country, otherwise than

THE UNITED STATES OP AMERICA. 27
CONDITION OE AT THE DECEASE OF ELIZABETH. PART I.
as our narrative has developed them, the fact is one
which addresses itself with singular interest to the
Teflective mind. ' The conviction can hardly be resisted The moral
that this portion of the New World was marked out by dftion.COa'
the Omniscient Ruler of mankind, as the spot where
should be witnessed the rise of a nation, the history of
whose government and institutions should mark the
developement of elements in the human character, and
in human government, such as the annals of our race
had never yet recorded. Neither the time nor the
occasion for its origin had yet fully come. It was not
ambition, nor gain, nor rank, nor wealth which were
destined to accomplish it. These shores did not, like Its aspect
those discovered by the Spanish and Portuguese navi- ^B l^1'
gators, abound in mines of gold or of silver ore; they pared with
presented only an extended territory, a genial climate, ish discov-
a luxuriant and fertile soil. They opened no fountains T-tl,^
whence the possessors might draw instant wealth, with
out labor or industry, but their value was to be known
and their profit gathered only in the fulfillment of the
anathema "in the sweat of thy brow shalt thou eat thy
bread." No votary of pleasure, no lover of indolence or of
luxury, no effeminate scion of royalty, could find a
place convenient for him on these desolate and inhospi
table shores. This great continent was destined to be
the abode of a mighty, magnanimous, and influential
people, and must be settled by hardy, industrious and
well-bred adventurers, who must conquer its heathenism,
people its territories, subdue its" forests, level its moun
tains, cultivate its plains, and plant the institutions of a
free government and a free religion broadcast over its
extended surface, before they or mankind should know
where lay buried its heaps of gold and its treasures of
silver. It is not till after the accession of James I. to the
throne that we find recorded any further attempts at a
settlement of the continent of North America. The

28

THE GOVERNMENTAL HISTORY OP

Part I.

VIRGINIA,

Creation of first permanent one was made under the auspices of
and alt- his reigh. He divided that portion of the country which
ond Colo- lies between 34° and 45° N. L. into two parts nearly
ginia, "' equal. The one he called the First, the otlier the
uum 10' Second, Colony op Virginia ; and distributed them,
under a charter dated April 10th, 1606, as follows, viz. :

1606.

Preamble.

THE FIRST CHARTER OF JAMES I,
First char-, I. James I., by the " Grace of God, King of England,
Jam°es I. Scotland, France, and Ireland, Defender of the Faith,
&c. Whereas our loving and well disposed subjects,
Sir Thomas Gates, and Sir George Somers, Knights ;
Richard Hackluit, Clerk, Prebendary of Westminster;
and Edward-Maria Wingfield, Thomas Hanham, and
Raleigh Gilbert, Esqrs. ; William Parker, and George
Popliam, Gentlemen ; and divers others of our loving
subjects, have been humble suitors unto us, that we
would vouchsafe unto them our licence, to make habita
tion, plantation, and to deduce a colony of sundry of
our people into that part of America, commonly called
Virginia, and ; other parts aiid territories in America,
either appertaining unto us, or which are not now actu
ally possessed by any Christian Prince or People, situ
ate, lying and being all along the sea coasts between four
and thirty degrees of northerly latitude from the Equi
noctial line, and five-and-forty degrees of the same
latitude, and in the main land between the same four-
and-thirty and five-and-forty degrees, and the Islands
thereunto adjacent, or within one hundred miles of the
• coasts thereof.:
i H. And to that end, and for the more speedy accom
plishment of their said intended plantation and habita
tion there, are desirous to divide themselves into two
Preamble, several colonies and companies ; the one consisting of
certain knights, gentlemen, merchants and other adven
turers, of our city of London and elsewhere, which are
and from time to time shall be, joined unto them,
which do desire to begin their plantation and habita-

Limita-tions of
"the grant,

THE UNITED STATES OP AMERICA. 29
DIVISION AND DESIGNATION OE BY JAMES I. PART I.
tion in some fit and convenient place, between four-and-? Creation of
tiiirty and one-and-forty' degrees of the said latitude^^ I™*
alongst the coasts of Virginia and coast of America afore- °n<i Colo-
said; andtheother consisting of sundry knights, gentle- gfnia,
men, merchants,and other adventurers, of our cities of ^P"1 10>
' 7 ' 1606.
Bristol and Exeter, and of our Town of Plimouth, and of
other places which do join themselves unto tliat Colony,
which do desire to begin their plantation and habita
tion in some fit and convenient place, between eight-
and-thirty degrees and five-and-forty degrees of the said
latitude, all alongst the said coast of Virginia and
America as that coast lyeth.
IH. We greatly, commending and graciously accepts
ing of, their desires for the furtherance of so noble a
work, which may, by the Providence of Almighty God,
hereafter tend to the Glory of His Divine Majesty, in Motive of
propagating of Christian Religion to such People as
yet live in darkness and miserable ignorance of the true
knowledge and worship of God, and may in time bring
the infidels and savages, living in those parts, to human
civility, and to a settled and quiet government ; Do by
these our letters pattents, graciously, accept of, and agree
to, their humble and well intended desires. ;
IV. And do therefore', for us, our heirs, and sue- Patentees
cessors, grant and agree, that the said Sir Thomas Gates^^n °fc^e
Sir George Somers, Richard Hackluit and Edward- ^h-st Colo-
Maria Wingfield,' adventurers of and for our City ofny
London, and all such others as are, or shall be joined
unto them of that Colony, shall be called The First
Colony : and they, shall and may begin their said first
plantation arid habitation, at any place upon the said
Coast of Virginia or America, where they shall think
fit and convenient, between the said four-and-thirty and
one-and-forty degrees of the said latitude ; and that
they shall have . all the lands, woods, soil, grounds, ha
vens, ports, rivers, mines, minerals, marshes, waters,
fishings, commodities, and hereditaments whatsoever,
from the said first seat of their plantation and habita--

30 THE GOVERNMENTAL HISTORY OP
Part I. . Virginia,
Creation of tion by the space pf fifty miles of Enghsh statute meas-
and Sec- ure> towards the west and south-west, as the coast lyeth,
ond Colo- with all the Islands within one hundred miles directly
ginia, over against the same sea-coast ; and also all the lands,
1606 10' so^' grouna,S) havens, ports, rivers, mines, minerals,
Limits of woods, waters, marshes, fishings, commodities, and he-
o^lony8* re<*itaments whatsoever, from the said place of their
first plantation and habitation for the space of fifty like
English miles, all along the said coast of Virginia and
America, towards the east and north-east, or towards
the north, as the coast lyeth, together with all the Isl
ands within one hundred miles, directly over against
the said sea-coast ; and also all the lands, woods,
soil, grounds, havens, ports, rivers, mines, minerals,
marshes, waters, fishings, commodities, and heredita
ments whatsoever, from the same fifty miles every
way on the sea-coast, directly into the main land by the
space of one hundred like English- miles ; and shall and
may inhabit and remain there ; and shall and may also
build and fortify within any the same, for their better
safe-guard and defence, according to their best discre
tion, and the discretion of the Council of that Colony :
and that no other of our subjects shall be permitted, or
suffered, to plant or inhabit behind, or on the backside
of them, towards the main land, without the express
licence or consent of the Council of that Colony, there
unto in writing first had and obtained.
V. And we do likewise, for us, our heirSj and suc
cessors, by these presents, grant and agree, that the
Patentees said Thomas Hanham, and Raleigh Gilbert, William
ty of the J Parker and George Popham, and all others of the Town
Second 0f PHmouth, in the county of Devon, or elsewhere,
which are, or shall be, joined unto them of tliat Colony,
shall be called the Second Colony : and that they shall
and may begin their said Plantation and seat of their first
abode and habitation, at any place upon the said coast of
Virginia and America where they shall think fit and con
venient, between thirty-eight degrees of the said latitude,

THE UNITED STATES OP AMERICA. 31
THE FIRST CHARTER OF JAMES I. PART I.
and. forty-five degrees of the same latitude; and that Creation of
they shall have all the lands, soils, grounds, havens, *n^ g™*
ports, rivers, mines, minerals, woods, marshes, waters, ond Colo-
fishings, commodities, and hereditaments, whatsoever, ginia)
from the first seat of their plantation and habitation, by ^J 10»
the space of fifty like English miles, as is aforesaid, all
along the said coast of Virginia and America, towards the
west and south-west, or towards the south as the coast
lyeth, and all the Islands within one hundred miles di
rectly over against the said sea-coast ; and also all the
lands, soils, grounds, havens, ports, rivers, mines, mine
rals, woods, marshes, waters, fishings, commodities, and
hereditaments whatsoever, from the said place of the
first plantation and habitation for the space of fifty like
miles all along the coast of Virginia and America, towards
the east and north-east, or towards the north, as the Limits of
coast lyeth, and all the Islands also within one hundred *^ c®^_
miles directly over against the same sea-coast ; and also ny.
all the lands, soils, grounds, havens, ports, rivers, woods,
mines, minerals, marshes, waters, fishings, commodi
ties, 'and hereditaments, whatsoever, from the same
fifty miles every way on the sea-coast, directly into the
main land, by the space of one hundred like English
miles ; and shall and may inhabit and remain there ;
and shall and may also build and fortify within any
the same for their better safeguard, according to tlieir
best discretion, and the discretion of the Council of
that Colony ; and that none of our subjects shall be
permitted, or suffered, to plant or inhabit behind, or
on the back of them, towards the main land, without
the express licence of the Council of that Colony in
writing thereunto first had and obtained. .
VI. Provided always, and our will and pleasure here- Proviso.
in is that the Plantation and habitation of such of the
said Colonies, as shall last plant themselves, as aforesaid,
shall not be made within one hundred like English
miles of the other of them, that first began to make
their plantation, as aforesaid.

32 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Creationof VII. And we do also ordain, establish, and agree, for
and Sec- usj our heirs, and successors, that each of the said Colo-
ond Colo- nies shall have a Council, which shall govern and order
ny of Vir- ,. , , ' , , ,1 . i
ginia, all matters and causes which shall arise, grow or happen,
lecm 10' *° or withiu the same several Colonies, according to
How to be such laws, ordinances, and instructions, as shall be in
governed, that behalf, given and signed with our hand or sign
manuel, and pass under the Privy Seal of our realm of
England; each of which Councils shall consist of thir
teen persons, to be ordained, made, and removed, from
time to time, according as shall be directed and corn-
Councils to prised in the same instructions ; and shall have a several
have Seals, seal, for all matters that. shall pass or concern the same
several Councils ; each of which seals shall have the
King's arms engraven on the. one side thereof, and his
portraiture on the other ; and that the seal for the Coun
cil of the said First Colony shall have engraven round,
Seal of the about , on the one side, these words, Sigillum Regis
ny, Magnce Britdrmice, Frcmcice, et Hibemice; on the other
side this inscription round about ; Pro Concilio Prima
Colonics Virginia. And the seal for the Council of' the
Seal of sa,id- Second Colony shall also have engraven round
the Second about the one side thereof the aforesaid words : Sigillum
Regis Magnce Britannia, Francia, et Hibernia; and
on the other side, Pro Concilio Secunda CoUmia, Vir
ginia.
Supreme VIII. And that also there shall be a Council estab-
Councii in lished here in England, which shall, in like manner, con
sist of thirteen persons, to be, for that purpose, appointed
by us, our heirs and successors, which shall be called our
Council op Virginia ; and shall from time to time, have
Jurisdic- tlie suPerior managing and direction, only of and for all
tion of. matters, that shall or may concern the government, as
well of the said several Colonies, as of and for any other
part or place, within the aforesaid precincts of four-
and-thirty and five-and-forty degrees, abovementioned;
Seal of. which Council shall, in like manner, have a seal, for
matters concerning the Council or Colonies, with the

THE UNITED STATES OP AMERICA. 33
THE FIRST CHARTER OP JAMES I. PART Ii
like arms and portraiture, as aforesaid, with this in- Creation
scription, engraven round about on the one side : °nd gec!.rs
Sigillum Regis Magnce, Britannia, Francia, et Hiber- °nd Colo-
niee; and round about the other side, Pro Concilio suo ginia,
Virginia. W>
IX. And moreover, we do grant and agree, for us, power to
our heirs and successors, that the said several Councils, jj^Jj for
of and for the said several Colonies, shall and lawfully mines.
may, by virtue hereof, from time to time, without any
interruption of .us, our heirs or successors, give and
take order, to dig, mine, and search for all manner of
mines of gold, silver, and copper, as well within any
part of their said several Colonies, as of the said main
lands on the backside of the same colonies ; and to have Ores how
and enjoy the gold, silver, and copper, to be gotten ^,4^"
thereof, to the use arid behoof of the same Colonies,
and the plantations thereof; yielding therefor to Us, our
heirs and successors, the fifth part only of all the same
gold and silver, and the fifteenth part of all the same
copper, so to be gotten or had, as is aforesaid, without
any other manner of profit or account, to be given or
yielded to us, our heirs, or successors, for or in respect
of the same.
X. And they shall, or lawfully may, establish and May coin
cause to be made a coin, to pass current there between oney*
the people of those several Colonies, for the more ease
of traflick and bargaining between and amongst them
and the natives there, of such metal, and in such man
ner and form, as the said several councils there shall
limit and appoint.
XI. And we do likewise, for us, our heirs and sue- May solicit
oessors, by these presents, give full power and authority ^ad? S"
to the said Sir Thomas Gates, Sir George Somers, Rich- venturers.
ard Hacluit, Edward-Maria Wingfield ; Thomas Hanham,
Raleigh Gilbert, William Parker and George Popham ;>
and to every of them, and to the said several companies,
plantations, and colonies, that they and every of them,;
shall and may at all and every time and times hereafter,
3

34 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Creation have, take, and lead in the said voyage, and for and
and Sec- towards the said several Plantations and Colonies, and
ond Colo- to travel thitherward, and to abide and inhabit there, in
ny of Vir- ' '
ginia, every the said Colonies and Plantations, such and so
lttm. 10' many °f our subjects, as shall willingly accompany them,
. or any of them, in the said voyages and plantations ;
May fit out with sufficient shipping, and furniture of armour, weap-
shrpsUetcSh ons' or<lnance, powder, victual, and all other things
necessary for the said Plantations, and for their use and
Proviso, defence there. Provided always, that none of the said
persons be such, as shall hereafter be specially restrained
by us, our heirs, or successors.
May repel 2QL Moreover, we do, by these presents, for us, our
intruders. lieirs and successors, give and grant licence unto the
said Sir Thomas Gates, etc., and to every of the said
Colonies, that they, and every of them, shall and may,
from time to time, and at all times forever hereafter, for
their several defences, encounter, expulse, repel and
resist, as well by sea as by land, by all ways and means
whatsoever, all and every such person and persons, as
without the special licence of the said several Colonies
arid plantations, shall attempt to inhabit within the said
several precincts and limits of the said several colonies
and plantations, or any of them, or that shall enterprise
or attempt, at any time hereafter the hurt, detriment,
or annoyance, of the said several colonies or planta
tions.
Power to XIII. Giving and granting, by these presents, unto
tiesfrom the said Sir Thomas Gates, etc., and their associates of
Traders to the said First Colony; and unto the said Thomas Han-
tne Oolo- . . ,
nTes. ham, etc., and their associates of the said Second Colo
ny, and to every of them from time to time, and at all
times forever hereafter power and authority to take and
surprise, by all ways and means whatsoever, all and
every person and persons, with their ships, vessels, goods,
and other furniture, which shall be found trafficking,
into any harbour or harbours, creek or creeks, or place,
within the limits or precincts of the said several colo-

THE UNITED STATES OP AMERICA. 35

THE FIRST CHARTER OF JAMES I. PART I.
nies and plantations, not being of the same colony, until Creation
such time, as they, being of any realms or dominions and'sel-™*
under our obedience, shall pay or agree to pay, to the ond Cow
hands of the Treasurer of that Colony, within whose gLia,
limits and precincts they shall so traffick, two and a half *$!& 10>
upon every hundred, of any thing so by them trafficked, Duties on
bought, or sold : And being strangers and not subjects B?'!sllt
under our obeysance, until they shall pay five upon
every hundred, of such wares and merchandises, as they On stran-
shall traffick, buy, or sell, within the precincts of thegers'
said several Colonies, wherein they shall so traffick, buy, Duties to
or sell, as aforesaid : Which sums of money, or benefit \^ ™Qio°.
as aforesaid, for and during the space of one and twen-nies for 21
• . -, . a 1 11 1 ¦, 11 years, and
ty years, next ensuing the date hereof, shall be wholly then to the
employed to the use, benefit, and behoof of the said01,0*11,
several plantations, where such traffick shall be made ;
and after the said one and twenty years ended, the
same shall be taken to the use of us, our heirs, and
successors, by such officers and ministers, as by us, our
heirs and successors, shall be thereunto assigned or
appointed. XIV. And we do further, by these' presents, for us,
our heirs, and successors, give and grant unto the said
Sir Thomas Gate's etc., and to their associates of the
said First Colony and plantation; and to the said
Thomas Hanham etc., and their associates of the said
Second Colony and plantation, that they, and every of
them, by their deputies, ministers, and factors, may
transport the goods, chattels, armour, munition, and Certain
furniture, needful to be used by them, for their said articjes ex-
•> 7 empt from
apparel, food, defence, or otherwise in respect of the duties.
said plantations, out of the realms of England and Ire
land, and all other our dominions, from time to time,
for and during the time of seven years, next ensuing
the date hereof, for the better relief of the said several
colonies and plantations, without- any custom, subsidy,
or other duty, unto us, our heirs, or successors, to be
yielded or paid for the same.

36

THE GOVERNMENTAL HISTORY OP

Part I.

VIRGINIA,

Creation
oftheFisstand Sec
ond Colo
ny of Vir
ginia,April 10,
1606.Inhabit ants and
their chil
dren to
have all the
privileges of British
subjects.

Penal re
strictions on trade.

ProvisoagainstRobberies and Pira-»
cies.

XV. Also we do, for us, our heirs, and successors,
declare, by these presents, that all, and every the per
sons, being our subjects, wliich shall dwell and inhabit
within every or any of the said several Colonies, and
plantations, and every of their children, which shall hap
pen to be born within any of the limits and precincts
of the said several colonies and plantations, shall have
and enjoy all liberties, franchises, and immunities,
within any of our dominions, to all intents and purposes,
as if they had been abiding and born, within this our
realm of England, or any other of our said Dominions.
XVI. Moreover, our gracious will and pleasure is,
and we do, by these presents, for us, our heirs, and suc
cessors, declare and set forth, that if any person or per
sons, which shall be of any of the said colonies and
plantations, or any other, which shall traffick to the
said colonies and plantations, or any of them, shall at
any time or times hereafter, transport any wares, mer
chandises, or commodities, out of any of our dominions,
with a pretence to land, sell, or otherwise dispose of the
same, within any the limits and precincts of any the
said Colonies and plantations, and yet nevertheless,
being at sea, or after he hath landed the same within
any of the said Colonies and plantations, shall carry the
same into any foreign country, with a purpose there to
sell or dispose of the same, without the Ucence of us,
our heirs, and successors, in that behalf first had and
obtained ; that then, all the goods and chattels of such
person or persons, so offending and transporting, to
gether with the said ship or vessel, wherein such trans
portation was made, shall be forfeited to us, our heirs,
and successors.
XVII. Provided always, and our will and pleasure
is, and we do hereby declare to all Christian Kings,
Princes, and States, that if any person or persons, which
shall hereafter be of. any of the said several Colonies
and plantations, or any other, by his, their or any of
their licence and appointment, shall, at any time or

THE UNITED STATES OF AMERICA. 37

THE FIRST CHARTER OF JAMES I. Part I.

times hereafter, rob or spoil, by sea or by land, or do Creationof
any act of unjust and unlawful hostility, to any the ^d Sbc-
subjects of us, our heirs or successors ; or any the sub-ond Colo-
jects of any King, Prince, Ruler, Governor, -qr State, gj£ Th>
being then in league and amity with us, our heirs, or ^j3"1 10>
successors ; and that upon such injury, or upon just
complaint of such Prince, Ruler, Governor, or State, or
their subjects, we, our heirs, or successors, shall make
open proclamation, within any of the ports of our
Realm of England, commodious for that purpose, that
the person or persons, having committed any such rob
bery or spoil, shall, within the term to be limited by
such proclamation, make full restitution or satisfaction
pf all such injuries done ; so as the said Princes, or
Others so complaining, may hold themselves fully satis
fied and contented ; and that, if the said person or per
sons, having committed such robbery or spoil, shall not
make, or cause to be made, satisfaction accordingly,
within such time so to be limited, that then it shall be
lawful to us, our heirs, and successors, to put the said
person or persons having committed such robbery or
spoil, and their procurers, abetters, or comforters, out
of our allegiance .and protection ;' and that it shall be
lawful and free for, all Princes, and others, to pursue
with hostility the said offenders, and every of them, and
their and every of their procurers, aiders, abetters, and
comforters, in that behalf.
XVIH. And finally, we do, for us, our heirs, and
successors, grant and agree, to and with the said Sir Lands how
Thomas Gates etc., and all others of the said First Col-*°a^eted
ony, that we, our heirs and successors, upon petition and held
in that behalf to be made, shall, by letters patent under First colo-
the great seal of England, give and grant unto such u?-
persons, their heirs, and assigns, as the Council of that
Colony, or the most part of them, shall, for that pur
pose nominate and assign, all the lands, tenements, and
hereditaments which shall be within the precincts lim
ited for that Colony, as is aforesaid, to be holden of us,

38 THE GOVERNMENTAL HISTORY OF
Part , I. Virginia,
Creation our heirs, and successors, as of our Manor of East-
First and Greenwich, in the County of Kent, in free and corn-
Second mon soccage only, and not in capite.
Virginia, XIX. And do, in like manner, grant and agree for
i&ot 10' us' our neirsJ an<^ successors, to and with the said
Thomas Hanham etc., and all others ofthe said Second
Colony, that we, our heirs and successors, upon petition
in that behalf to be made, shall, by letters patent, un
der the great seal of England, give and grant unto such
persons, their heirs, and assigns, as the Council of that
Lands how Colony, or the most part of them, shall, for that pur-
veyeVand pose, nominate and assign, all the lands, tenements,
held in the and hereditaments, which shall be within the precincts
Colony, limited for that Colony, as is aforesaid, to be holden of
us, our heirs, and successors, as of our Manor of East-
Greenwich in the County of Kent, in free and common
soccage only, and not in capite.
XX. All which lands, tenements, and hereditaments,
so to be passed by the said several letters patent, shall
be sufficient assurance from the said Patentees, so dis
tributed and divided amongst the undertakers for the
plantation of the said several Colonies, and such as
shall make their plantations in either of the said several
Lands con- Colonies, in such manner and form, and for such estates,
pTntby as sna^ ^e or^ered and set down by the Council of the
assured to said Colony or the most part of them, respectively,
se ers* within whicli the same lands, tenements, and heredita
ments shall lye or be; although express mention of
the true yearly value, or certainty of the premises, or
any of them, or of any other gifts or grants, by us, or
any of our progenitors or predecessors to the aforesaid
Sir Thomas Gates, knight, Sir George Somers, knight ;
Richard Hackluit, Edward-Maria Wingfield, Thomas
Hanham, Raleigh Gilbert, William Parker, and George
Popham, or any of them, heretofore made, in these
presents, is not made ; or any statute, act, ordinance,
or provision, proclamation, or restraint, to the contrary
hereof had, made, ordained ; or any other thing, cause

THE UNITED STATES OP AMERICA. 39

THE FIRST CHARTER OF JAMES I. Part I.

or matter whatsoever, in any wise notwithstanding. Creation of
In witness whereof, we have caused these our letters andSec-
to be made patents ; witness ourself at Westminster, ond Colo-
ny of Vir-
the tenth day of April in the fourth year of the Reign ginia,
of England, France, and Ireland, and of Scotland the f^ 10*
nine-and-thirtieth.
Lukin.
Per breve de priviato Sigillo*

These letters Patent were followed in November of *}> pen-
the same year by a series of "Articles, Instructions, andutes, 51.
Orders, made, set down and established by us, the twen
tieth day qf November, in the year of our Raigne qf
England, France, and Ireland, the fowth, and of Scot
land the fortieth, for the good order and government of
THE TWO SEVERAL COLONIES AND PLANTATIONS to be made
by our loving subjects, in the Country commonly called
Virginia and America, between thirty-fowr and forty*
five degrees from the cequinoctial line.
Whereas we, by our letters patents, under our great Recital of
seal of England, bearing date at Westminster, the tenth
day of April in the year of our raigne of England,
France, and Ireland, the fourth, and of Scotland the
thirty-ninth, have given licence to sundry our loving
subjects named in the said letters pattents and to their
associates, to deduce and conduct two several Colonies
or Plantations of sundry our loving people willing to
abide and inhabit in certain parts of Virginia and Amer
ica, with divers pre-heminences, privileges, authorities
and other things, as in and by the same letters pattents
more particularly it appeareth, we according to the
effect and true meaning of the same letters pattents, do
by these presents, signed with our hand, sign manuel
and sealed with our Privy seal of our Realm of Eng
land, establish and ordaine, that our trusty and well
beloved Sir William Wade, knight ; our Lieutenant of
our Tower of London ; Sir Thomas Smith, knight ; Sir

40

the governmental history op

Part I.

Instruc
tions for
the gov
ernment
of the
First and
SecondColony,
Nov. 20,
1606.

The King's
Council
established.

Their
powers, &c.

Members of the
ColonialCouncels,how ap
pointed.

Walter Cope, knight; Sir George Moor, knight; Sir
Francis Popeham, knight; Sir Fernando Gorges,
knight ; Sir John Trevor, knight ; Sir Henry Monta
gue, knight, recorder of the city of London; Sir Wil
liam Rumney, knight ; John Dodderidge, Esq., Solicit
or General ; Thomas Warr, Esqr ; John Eldred of the
City of London Merchant ; Thomas James of the City
of Bristol Merchant ; arid James Bagge of Plymouth,
in the County of Devonshire Merchant : Shall be our
Councel for all matters whieh shall happen in Virginia
or any the territories of America, between thirty-four
and forty-five degrees from the aequinoctial line, north
ward, and the Islands to the several Colonies limited
and assigned, and that they shall be called the King's
Councel of Virginia, which Councel, or the most part
of them shall have full power and authority, at our
pleasure, in our name, and under us, our heirs, and suc
cessors ; to. give directions to the councels of the sev
eral Colonies which shall be within any part of the said
Country of Virginia and America within the degrees first
above mentioned, with the Islands aforesaid, for the
good government of the people to be planted in those
parts, and for the good ordering and disposing of all
causes happening within the. same, and the same to be
done for the substance thereof, as near to the Common
Lawes of England, and the equity thereof as may be,
and to pass under our seal, appointed for that Councel ;
which Councel, and every and any of them shall, from
time to time be increased, altered, or changed, and oth
ers put in their places, at the nomination of us, our
heirs, and successors, and at their and our will and
pleasure ; and the same Councel of Virginia, or the
more part of them, for the time being, shall nominate
and appoint the first several colincellors of those several
Colonies, which are to be made Colonies or Plantations
in Virginia and America, between the degrees before
mentioned according to our said letters pattents in that
behalf made ; and that each of the same councels of

THE UNITED STATES OF AMERICA. 41

GOVERNMENT OF, UNDER THE FIRST CHARTER. PART I.

the same several Colonies shall, by the major part of instmc-
them, choose one of the same Councel, not being i^oaa'^c',
the minister of God's word, to be president of the 1606:
same Councel, and to continue in that office, bv the president
p ,1 1 , v ,1 . , ¦ of Colonial
space ol one whole year, unless he shall in the mean Councils,
time dye or be removed from that office : And wee do ^en
further hereby establish and ordain, that it shall be
lawful for the major part Of either of the said Councels,
upon any just cause, either absenee or otherwise, to
remove the President, or any other of that Councel Removal
from being either President, or any of that Councel ; ° ' °*
and upon the deaths, or removal of any of the Presi
dents, or Councel, it shall be lawful for the major part
of that Councel to elect another in the place of the
party soe dying or removed, soe always, as they shall ^"^J
not be above thirteen of cither of the said Councel-
lours. And wee doe establish, and ordaine, that the Tirni °i
7 office of
President shall not continue in his office of President- President.
ship above the space of one year : *
And wee doe specially ordaine, charge, and require,
the said Presidents and Councels, and the ministers of tia® Re™"
the said several Colonies respectively, within their several gion to be
limits and precincts, that they, with all diligence, care and the
and respect, doe provide that the true word, and service Blble to be
of God and Christian faith be preached, planted, and among
used, not only within every ofthe said several Colonies England."1
and Plantations, but also as much as they may among
the Savage people, which doe or shall adjoine them, or
border upon them, according to the doctrine, rights,
and religion now professed and established within our
Realm of England ; and that they shall not suffer any Penalty
person or persons to withdrawe any of the subjects or Rawing*
people inhabiting, or which shall inhabit within any of persons
the said several Colonies and Plantations, from the religion or
same, or from their due allegiance unto us, our heirs, and alleS1!mce.
successors, as their immediate soveraigne under God ;
and if they shall find within any of the said Colonies
and Plantations, any person or persons so seeking to

4& THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Instruc- withdrawe any of the subjects of us, our heirs and suc-
Nov/20, cessors, or any of the People of those lands or territo-
1606. rjegj within the precincts aforesaid, they shall with all
diligence, him or them so offending cause to be appre
hended, arrested, and imprisoned, until he shall fully
and thoroughly reforme himself; or otherwise, when the
cause so requireth, that he shall, with all convenient
speed be sent into our Realm of England, here to
receive condigne punishment for his or their said offence
or offences ;
Lands, And moreover wee doe hereby ordaine and establish
deTerm ^or us' our ^G1TS> aim successors, that all the lands, tene-
andpass. ments, and hereditaments, to be had and enjoyed by
any of our subjects within the precincts aforesaid, shall
be had, and inherited, and enjoyed, according as in the
like estates they be had and enjoyed by the lawes within
this Realm of England. And that the offences of
Capital of- tumults, rebellion, conspiracies, mutiny, and seditions,
fences. in those parts which may be dangerous to the estates
Enumer- r J , ,
ated. there, together with murther, manslaughter, incest,
rapes, and adulteries committed in those parts, within
the precincts of any the degrees above mentioned (and
Penalty, noe other offences) shall be punished by death, and that
death with- witn0ut the benefit of the clergy, except in case of man-
of Clergy ; slaughter, in which Clergy is to be allowed : And that
in what the gai(j several Presidents and Councels, and the greater
C&S65* 1 i ¦ • t
number of them, within every of the several limits and
precincts, shall have full power and authority, to hear
and determine all and every the offences aforesaid,
Colonial within the precincts of their several Colonies, in man-
Council, ner and form following, that is to say, by twelve hon-
tionSof°' est and indifferent persons sworne upon the Evangelists,
to be returned by such ministers and officers as every of
the said Presidents and Councels, or the most part of
them, respectively shall assigne, and the twelve persons
Trial by soe returned and sworne shall, according to their evi-
vSedfor". dence to be given unto them upon oath, and according
to the truth, in 'their consciences, either convict or

THE UNITED STATES OP AMERICA. 43

GOVERNMENT OF UNDER THE FIRST CHARTER. PaRT I.

acquit, every of the said persons soe to be accused and instruc-
tried by them ; and that ali and every person or persons, Nov!'2oC'
which shall voluntarily confess any of the said offences 1606-
to be committed by him shall, upon his confession Judgment'
thereof, be convicted of the same, as if he had been ^on or™"
found guilty of the same by the verdict of any such confession.
twelve jurors as is aforesaid. And that every person
and persons which shall be accused of any of the said
offences, and which shall stand mute, or refusing to
make direct answer thereunto, shall be, and be held,
convicted of the said offence, as if he had been found
guilty by the verdict of such twelve Jurors as afore- ontfand"'
said : And that every person and persons so convicted, ing mute,
either by verdict, his own confession, or by standing
mute, or by refusing directly to answer as aforesaid, of
any of the offences before mentioned, the said Presi
dents and Councels, or the greatest number of them, dent^nT"
within their several precincts and limits where such Council to
conviction shall be had and made as aforesaid, shall sentence08
have full power and authority, by these presents, to give °.n convic-
judgment of death, upon every such offender, without
the benefit of the Clergy, except only in case of Man
slaughter : And noe person soe adjudged, attainted, or
condemned, shall be reprieved from the execution of
the said judgment, without the consent of the said Power to
President and Councel, or the most part of them, by {J^T6'
whom such judgment shall be given : And that no per- President
son shall receive any pardon, or be absolutely dis- cii — To
charged of any the said offences, for which he shall be ^g^'j"
condemned to death as aforesaid, but by pardon of
us, our heirs, and successors, under our Great Seal of
Englarid :
And wee doe in like manner establish and ordaine, if Persons of
n • i ' /• -i • -i n one Colony
any person or persons of either oi the said Colonies offending
shall offend in any of the offences beforementioned, e" *eb°tn"
within any part between the degrees aforesaid, out of tried in
"their Oflrn.
the precincts of his or their Colony, that then every such colony.
offender, or offenders, shall be tried and punished as

44

THE GOVERNMENTAL HISTORY OF

Part I.

Instructions, &c,
Nov. 20,
1606.
Further Judicial
powers of
Colonial
Presidentsand Coun
cils.

Offenders
how pun
ished.

Excesses, drunken
ness, idle
ness, and
vagrancy.

Judicial
proceed ings, how
conducted.

Judgments
to be re
corded.

Record to
be sub
scribed by
the Presi
dent and
Council.

aforesaid witliin his or their proper Colony : And that
every the said Presidents and Councels, within their sev
eral limits and precincts, and the more part of them,
shall have power and authority, by these presents-, to
hear and determine all and every other wrongs, trespass
ers, offences, and misdemeanors whatsoever, other than
those before mentioned, upon accusation of any person
and proof thereof made by sufficient witnesses upon
oath ; and that iri all those cases the said President and
Councel, and the greater number of them, shall have
power and authority, by these presents respectively, as
is aforesaid, to punish the offender or offenders, either
by reasonable corporal punishment and imprisonment,
or else by a convenient fine, awarding damages or other
satisfaction, to the party grieved, as to the said Presi
dent and Councel, or to the more part of them, shall be
thought fit and convenient, having regard to the quality
of the offence, or state of the cause : And that also the
said President and Councel, shall have power and
authority, by virtue of these presents, to punish all
manner of excess, through drunkenness, or otherwise ;
and all idle, loytering, and vagrant persons, which shall
be found within their several limits and precincts,
according to their best discretions, and with such con
venient punishment as they or the most part of them
shall think fit: Also it is our will and pleasure, con
cerning the judicial proceedings aforesaid, that the same
shall be made and done summarily, and verbally with
out writing, until it come to the judgment or sentence;
and yet nevertheless our will and pleasure is, that every
judgment and sentence hereafter to be given in any
the causes aforesaid, or in any other, of the said several
Presidents and Councels, or the greater number of them,
within their several limits and precincts, shall be briefly
and summarily registered in a book to be kept for that
purpose, together with the cause for which the said
judgment or sentence was given; and that the said
judgment and sentence, soe registered and written, shall

THE UNITED STATES OF AMERICA. 45
GOVERNMENT OF UNDER THE FIRST CHARTER. PART I.
be subscribed with the hands or names of the said Presi- Instruc-
dent and Council, or such of them as gave the judg-j^'go0-'
ment or sentence: Also our will and pleasure is, and1606-
we do hereby establish, and ordaine, tliat the said several of^radeln
Colonies and Plantations, and every person and persons the Coio-
of the same, severally and respectively, shall within the first
every of tlieir several precincts for the space of five five years-
years next after their first landing upon the coast Every-
of Virginia and America, trade together all in one stock, mammon
or divideably but in two or three stocks at the mos"t,stock-
and bring not only all the fruits of their labours there,
but also all other goods and commodities wliich shall To be de- .
be brought out of England, or any otlier place, into the public m
same Colonies, into several magizines or store-houses, for storehous-
that purpose to be made and erected there, and that in such for the
order, manner, and form, as the Councel of that Colony, PurP°se-
or the more part of them, shall set down and direct:
And our will and pleasure is, and we do in like man- a Treas
uer ordaine, that in every of the said Colonies and Plan-J^e-Mer-
tations there shall be chosen there, elected yearly, by chant, to
- T)A CIIOSGU
the President and Councel of every of the said Colonies m'eaeh
and Plantations, or the more part of them, one person, Colony.
of the same Colony and Plantation, to be Treasurer or
Cape-Merchant of the same Colony and Plantation, to
take the charge and managing of all such goods, wares, His powers
and commodities, which shall be brought into, or taken ?nd dutieB-
out of, the several magazines' or store-houses; the
same Treasurer or Cape-Merchant, to continue, in his Term of
office by the space of one whole year next after his said vacancyby
election, unless he shall happen to die within the said^.esisn*".
year, or voluntary give over the same, or be removed or remov-
for any just or reasonable cause, and that thereupon fiiie^°W
the same President and Councel, or the most part of
them, shall have power and authority to elect him again,
or others in his room or stead, to continue in the same One or
office as aforesaid : And that also there shall be two or clerks to
more persons of good discretion within every of the said ?e ch°sei1
Colonies and Plantations, elected and chosen yearly Colony.

46 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Instruc- during the said term of five years, by the President and
Nov.'2o ' Councel of the same Colony, or the most part of them,
1606. respectively, within their several limits and precincts,
ties.1' "" *ne one or more of them to keep a book in which shall
be registered and entered all such goods, wares, and
merchandizes, as shall be received into the several
magazines and storehouses within that Colony being
appointed for that purpose; and the other «to keep a lit
tle book, wherein shall be registered all goods, wares,
and merchandizes which shall issue or be taken out of
any the several magazines or store-houses of that Colo-
Term of ny ; which said clerks shall continue in their said places
Ckrks?f Dut at the will of the President and Councel of that
Colonists Colony whereof he is, or of the major part of them :
plied with And that everv person or persons of every the said sev-
necessarfes eral Colonies and Plantations shall be furnished with
lie store- all necessaries out of those several magazines or store
houses, houses, which shall belong to the said Colony and
Plantation, in which that person is, for and during the
term of five years, by the appointment, direction, and
order of the President and Council there, or of the said
Cape-Merchants and two Clerks, or of the most part of
them, witliin the said several limits and precincts of the
said Colonies and Plantations:
The First Also our will and pleasure is, and we do hereby or-
poweredTo daine, that the adventurers of the said First Colony and
establish a Plantation, shall and may during the said term of five
51 ore un ti I o -
Co. or years, «lect and choose out of themselves one or more
Agency in Companies, each Company consisting of three persons
at the least, who shall be resident at or near London,
or such other place or places, as the Council of the
Colony for the time being, or the most part of them
Its powers during the said five years shall think fit, who shall there
' from time to time take charge of the trade and account
of all such goods, wares, .and merchandizes, and other
things which shall be sent from thence, to the Company
of the same Colony, or Plantation, in Virginia; and
likewise all such wares, goods and merchandizes, as

THE UNITED STATES OP AMERICA. 47
GOVERNMENT OF UNDER THE FIRST CHARTER. PART I.
shall be brought from the said Colony or Plantation Instruc-
unto that place within our Realm of England ; and of tlons' &0'
all things concerning the managing of the affairs and
profits of the adventurers of that Company which shall
so pass out of or come into that place or port.
And likewise our will and pleasure is, that the adven- The Sec-
turers in the said Second Colony and Plantation shall °°d0£°!?'
J. ny empow-
and may during the said term of five years elect out of ered to es-
themselves, one or more companies, each Company con- Mercantile
sisting of three persons at the least, who shall be resi- ^°-> or •
dent at or near Plimouth, in our County of Devon, Plymouth.
within our Realm of England, and at such one, two, or
three other places, or ports, as the Councel of that Col
ony, or the most part of them, shall think fit ; who
shall there, from time to time, take care and charge of Its powers
the trade, and account of all such goods, wares, mer-au uties'
chandizes and other things, which shall be sent from
thence for the same Colony and Plantation in Virginia ;
and likewise all such goods, wares, and merchandizes,
all shall be brought from the said Colony and Planta
tion in Virginia into -our Realm of England, and of all
things concerning the managing of the affairs and pro
fits of the adventurers of that Company.
Also our will and pleasure is, that no person or per-^?rs.°n3,.
sons, shall be admitted into any of the said Colonies as coio-
and Plantations, ^tliere to abide and remain, but such "^f *".,..
as shall take not only the usual oath of obedience *"» oaths.
to us, our heirs, and successors, but also the oath which
is limited in the last session of Parliament holden at
Westminster in the fourth year of our reign, for their
due obedience unto us, our heirs and successors : That
the trade to and from any of the Colonies aforesaid
may be managed to and from such port and places,
within our Realm of England, as is before in these Govem-
articles introduced, any thing set down heretofore to mental
the contrary notwithstanding : And that the said Presi- Colonial
dent and Councel of each of the said Colonies, and the and^un-
more part of them, respectively, shall and may law-ciis.

48 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Instruc- fully, from time to time, constitute, make, and ordain
Nov.'20. ' such Constitutions, Ordinances, and officers, for the
1606. better order, government and peace of the People of
tlieir several Colonies, so always as the same Ordinances
Restric- and Constitutions, do not touch any party in life or
tions upon, member ; which Constitutions and ordinances shall
stand and continue in full force, until the same shall
Force and °e otherwise altered or made void by us, our heirs, or
operation SUCCessors, or our, or their Councel of Virginia, so
Ol TilGSO
ordi- always as the same alterations be such as may stand
nances. wjtu an(j jje ^n sukstance consonant unto the laws of
England, or the equity thereof.
Furthermore "our will, and pleasure, is, and we do
Treatment hereby determine and ordain, that every, person and per-
dians6 Iu" S0I1S' being our subjects of every the said Colonies and
Plantations, shall from time to time well entreat those
Savages in those parts, and use all good means to draw
the Savages and heathen people of the said several
Must aim places> and of the territories and countries adjoining,
at their to the true service and knowledge of God ; and that
to Chris- all just, kind and charitable courses shall be holden
tianity. yntii such of them as shall conform themselves to any
good and sociable traffic and dealing with the subjects
of us, our heirs, and successors, which shall be planted
tliere, whereby they may be sooner drawn to the true
The con- knowledge of God, and the obedience of us, our heirs,
course to an,l successors ; under such severe pains and punish-
be pun- ments as shall be inflicted by the same several Presi-
lshed. dents and Councils of the said several Colonies, or the
most part of them, within their several limits and pre
cincts, on such as shall offend therein or do the'con-
trary :
Provision ^nd that as the said Territories and Countries of
for further ... -.,•'. .
Instruc- Virginia and America, within the degrees aforesaid,
from' the ' sna^ ^rom t*me *° **me inprease in Plantation by our
Crown. subjects, we, our heirsj and successors, will ordain and
give such order and further Instructions, Lawes, Con
stitutions, and Ordinances for the better order, rule,

THE UNITED STATES OP AMERICA. 49
GOVERNMENT OF UNDER THE FIRST CHARTER. PART I.
and government of such as so shall make Plantations instruc-
there, as to us, our heirs, and successors, shall from Nov/20 "'
time to time be thought fit and convenient, which1606-
always shall be such, as may stand with, or be in sub
stance consonant unto the laws of England, or the
equity thereof.
And lastly, we do ordain and establish, for us, our Council for
heirs, and successors, that such oath shall be taken by j^L™^
each of our Councellors here for Virginia, concerning oath of
their place and office of Councel, as by the Privy Coun- em ei
eel of us, our heirs, and successors of this our Realm
of England, shall be in that behalf limited and appoint- Members
eu : And that each Councellor of the said Colonies councils"1
shall take such oath for the execution of tlieir place 'oatu of-
and office of Councellor, as by the Councel of us, our
heirs, and successors here in England, for Virginia shall
in that behalf be limited and appointed : And as well
those several Articles and instructions herein men
tioned and contained, as also all such as by virtue
hereof shall hereafter be made and ordained, shall as
need shall require, by the advice of our Councel here
for Virginia be transcribed over unto the said several
Councels of the said Colonies, under the seal to be? !. Hen-
ordained for our said Councel here for Virginia. Inutes, Vol-
witness, &c.*" ¦ ume 1-

Such was the First Charter upon which was based the
first settlements, and such were the Royal instructions
pursuant to the provisions of which was planned the first
civilized Government ever known in America. The First
Colony was afterwards more familiarly known as The
South Vdrginia, or London Company ; and the Second
. Colony as The North Virginia, or Plymouth Company.
. . In alluding to this Charter and the Order of Instruc- Opinion of
tions which followed it, Dr. Robertson says, — " Thus, °t's;mob"
without hesitation or reluctance, the Proprietors ofuPontne
both Colonies — Virginia and Plymouth — proceeded to ter.
execute their respective plans, and under the authority,
4 -

50 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
The sup- 0f a Charter which would now be rejected with disdain,
TlQSfid (lfi— ...
feotsof the as a violent invasion of the sacred and inalienable rights
Charter. 0f liberty the first permanent settlements in Airierica
were established." Although this remark may be true
in fact, it is not, historically, a fair or just comment
upon fhe case presented to our consideration. It is
easy enough for us, looking back from the position
which we now occupy, upon these, governmental regu-.
lations, to discover the existence of those political ele
ments which afterwards became so obnoxious to the
colonists, and ultimately so fatal to the power of the-
Crown in America. But while to our more enlightened
view, they may seem so wholly to disregard the actual
political rights of the settlers, and so disastrously to
invade their liberties, we are not surprised that they
met with so ready an acquiescence on the part of the
„ respective Proprietors. It must be remembered that
Reasons r r
for its the territory on which these settlements were to be
ceptance" ma<le, was claimed by, and it was not questioned that
the title resided in the Crown: And it could hardly
be supposed that the Crown would divest itself of all
interest or concern in its occupancy or its government.
The object aimed at, and it was so expressed in the
Charter, was, to make the country available and pro
ductive as a part of its dominions. The advantages to
Nature and bo derived from the adventure, both to the settlers and
compact it to the proprietors, were regarded as a sufficient corn-
contained, pensation, or equivalent, for the conditions and restraints
to which they were subjected. It was simply a com
pact, moro commercial than political in many of its de
tails, between the Sovereign and his subjects, for the
use and occupation of this portion of his domain; to
enter into which each party had its own peculiar mo
tives and inducements. It is, therefore, but doing
justice to the spirit, the designs, and the relations, of
the several parties to the compact : It is but justice to
the prevailing political opinions of the age in which it
originated : And more truly is it justice to the after

THE UNITED STATES OF AMERICA. 51
GOVERNMENT OF UNDER THE FIRST CHARTER. PART I.
progress of free principles, and the subsequent devel- The a™
opments of civil and religious liberty in both England pirst Colo-
and America, to say that the plan thus devised for a set-11?-
tlement of the country, however imperfect or exception
able it may now appear, was originally framed with a
view to protect and promote the rights and interests of
the respective parties to the compact. The history of
the Old World has recorded how slowly, up to this
period, the human mind awakened from the slumber
which had bound it, and came out from amid the dark
ness which in the middle ages had humbled it ; and in
the brighter progress of our own annals in the New,
we shall see how gloriously it ultimately cast off the
fetters which ignorance, and prejudice, and supersti
tion, and bigotry, and oppression, had for ages thrown
around it.
" From this period," says Dr. Robertson again, " the
progress of the two provinces — Virginia and New Eng
land — form a regular and connected story. The former
in the South, and the latter in the North, may be con-Dr.Robert-
sidered as the original and parent Colonies, in imitation ment.
of which and under whose shelter, all others have been
successively planted and reared."
This is well enough to say in rounding a period, or
closing a chapter, but it is very carelessly expressed and
is not sustained by strict historical verity. The his
tory of the Second Colony I shall have occasion The two
more particularly to refer to in the Second Part of this ™co [„ er"
work ; at present it is sufficient to say that the Colo- ^ew" Eng-
nies of New England were none of them the offspring
of either Of these Companies. It may seem captious or
trifling to raise the issue, but the fact has so much to
do with the marked difference which exists in the char
acter of the people, and the peculiarities of their insti
tutions, in the two sections, that it becomes important
to be observed. The causes which some years after this
date brought about the settlement of New England,
were not felt or understood by, were indeed unknown

52 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
to, the policy which dictated the planting of Virginia.
There was in either a difference of motives and of aims
General widely divergent, and the difference between them is
emar s. foun(j j0 run through nearly all their early history, gov
ernmental, political, hterary, and religious. At the
same time it is true, that the same causes which led to
the settlement of the former, had in time a liberalizing
influence upon the institutions and government of the
latter. Each in its origin, and as it grew, was necessa
rily measurably affected by the state of things in the
Parent Country. With the one it was emigration and
adventure, guided by the wisdom of maturer years and
a ripened experience ; while with the other it was devel
opment under the more feeble and fragile condition of
infant life. The one was born, and had much of its
material growth, before the political elements embraced
in the Protestantism of the Reformation were fairly
developed in England ; while the other owed its very
existence to their fuller, freer, and more obvious
activity. The one was the favorite and for many years
the petted offspring of royalty, the other was the neg
lected and despised child of misfortune, of parental
hate and persecution, of domestic tyranny and op-
The First- pression. The History of the former, Virginia, the
En^ish the Fir$t-born, and therefore invested with many of the
Colonies in privileges of primo-geniture in America, merits our
America. .- ,, ,. ¦
prior attention.
I have already had occasion to observe the peculiar
disadvantages under which the first settlements on our
Continent were originated and effected. Without enter-
Import- ing into a minute detail of the trials, hardships, dan-
their early £ers an<^ sufferings, to which the early adventurers were
history, exposed, we may find abundant matter for pleasing and
profitable speculation in tracing the growth of their
infant communities, 'and marking their advancement
through all their varied perils, until we find them
assuming a rank and consideration which, from its inti
mate bearing on our own Governmental History, de-

THE UNITED STATES OP AMERICA. 53
under the first charter OF JAMES i. Part I.
serves our most interested attention. " It will exhibit The First
a spectacle no less striking than instructive, and pre- o*§fe First
sents an opportunity which rarely occurs, of contem- Colony, or
plating a society in the first moment of its political company,
existence, and of observing how its spirit forms in its Dec- 1608-
infant state; how its principles begin to unfold as it
advances ; and how those characteristic quahties which
distinguish its maturer age are successively acquired." * * Eobert-
The first expedition which was fitted out for Virginia,
embarked under the auspices of The Company compos
ing The First Colony, at London. It sailed under the
direction of Capt. Newport, on the nineteenth day of
December, A. D. 1606. It consisted of one Vessel of
about one hundred tons burthen, two Barques, and one
hundred and five persons. They bore with them sealed
documents which contained the names of The Council
appointed for the government of the Colony or Planta
tion in America, which were to be opened and the per
sons proclaimed members of the Colonial Council, with
in twenty-four hours after tlieir arrival on the coast of
Virginia. The point of their destination was Roanoke. Destina-
After having been out at sea for about four months adventure?
they lost their reckoning, and while deliberating upon
the expediency of returning to England, they encoun
tered a violent gale wliich drove them into the mouth Are driven
of the Chesapeake Bay. On the twenty-sixth day of April, J^^6
1607, they descried its southern point which they called peake Bay.
Cape Henry. A small party attempted to land, but
being opposed by the natives, and some of them being
seriously wounded, they returned again to their vessel.
A few days afterwards they discovered a point of land
wliich they called Cape Charles. They then entered
the mouth of a large River which they called James' James Riv-
River, in honor of their Sovereign, Proceeding some ered'fi&ctf.
distance up its channel they neared the shore, and on
the twenty-second day of June landed and planted a
settlement which they called James' Town. Opening ^own
their documents they at once proclaimed the names of planted.

54 THE GOVERNMENTAL HISTORY OP"
Part I. Virginia,
The First the members of the Colonial Council, who proceeded
under the" *° elect a President, to which office Mr. Edward Wing-
London field was chosen. Capt. Newport sailed for England on
the fifteenth day of July following, leaving at James'
Town one small vessel, and One hundred and four colo
nists. Previous to his departure their necessities were
Condition supplied from the stores which had been laden on board
settlement °^ *^e suips- That which was left to them, having
received much damage during the voyage, was rendered
additionally deleterious and unpalatable by the action
of the climate and the progress of decay. Thus they
became more susceptible to disease, and before the frosts
of winter came to check the sickness wliich broke out
among them, about fifty of their number were consigned
to the grave. The hardships to which the survivors
were subjected rendered them impatient of discipline,
Difficulties produced a jealousy of the superior comfort in which
s™Sefs the *ueir President was supposed to live, gave rise to dis
satisfaction and dissension which resulted in his being
deposed, and Mr. Radcliff was elected to fill the vacancy.
Election The new President, however, had no more means, nor
President- ye* *lie ability, to heal the maladies which now threat-
his embar- ened the extinction of the Colony. Its numbers were
russ 111 cuts ' few, they were without wholesome provisions, were
scantily clothed, and were withal enfeebled by exposure
to the debilitating effects of the climate. To all these
sources of embarrassment were added the annoyances
and apprehension arising from the hostility of the
natives. If human instrumentality could effect it, it
needed the outlay of superior energy, and the influence
of a daring and commanding spirit, to accomplish their
Capt. preservation. In this emergency Capt. Johri Smith was
senPresi- "chosen to superintend its affairs. By his impetuous
dent. energy and exertions a small fort was erected, of raw
materials, for their defence, the natives were discom
fited, and the just expiring Colony was restored to a
healthful vigor.
Without knowing that this feeble settlement, composed

THE UNITED STATES OF AMERICA. 55
UNDER THE FIRST CHARTER. PART I.
of a mere handful of men, was indeed the germ of a The first
future nation, we might wonder at the folly and the ofTh^w
temerity of those who sought to sustain it as affording don Com-
the least prospect of meliorating the condition of the pany"
country in which it was planted. Scarce had it revived
under its efficient head, when it was overtaken by a
calamity which human wisdom would have pronounced
to be the signal for its final and complete desolation.
In devoting hiiriself assiduously to the duties of his Captain
station, and seeking to promote the interests of the com- j^* c°^_
pany, as well as the designs of his Sovereign, Capt. pioring the
Smith undertook to explore to its source a neighboring
river, called the Chicka-homiriy. While engaged in
this enterprise he was surprised by a party of Indians. Capture of
He offered a resolute resistance to their numerous force, g^*a"£
until, finding himself about to be overpowered, he sought the In
to escape by flight, but becoming, entangled in a swamp
was taken prisoner by the natives. He elicited their
veneration, and preserved himself from immediate mas
sacre by exhibiting to them a mariner's compass.* They * Marshall.
bore him in savage merriment and exultation through
several of their villages, arid finally conveyed him to the
tent of Powhattan the most powerful and renowned chief
of their tribe. The chief sentenced him to death, andHeiscon-
the sentence was directed to be executed by placing his denmed t0
head on a block and beating it to pieces with a war-club. .
Pocahontas, the favorite daughter of the king, now
about thirteen years of age, had become deeply inter
ested in the pale stranger, and earnestly supplicated for
his life. But Powhattan, who had hitherto seemed
friendly, having grown suspicious of the designs of the
white man, was inexorable, and the prisoner was led
out to be executed. His head was fastened to the fatal
block and the instrument of death was impending over
him. Just as it was about to descend Pocahontas t3 ga7edby
rushed forward with a wild shriek, threw herself upon Pooahon-
the victim, and covering his head with her own stayed
the blow of the executioner. Powhattan was after-

56 THE GOVERNMENTAL HISTORY OP
Part I. Virginia,
The first ward persuaded to spare his life, and after exchanging
ofXedLon- pledges of amity liberated and sent him tp James-
don Com- town.
His return Prest. Captain Smith had been absent from the plant-
to James- ation at Jamestown about six weeks, and a less resolute
and daring spirit than his would at once have yielded
Condition to despair at the condition in which he found it on his
Colony on return. It was reduced to the number of thirty-eight
the return persons who were just about to quit the country when
iimith. he arrived. He endeavored to persuade them to desist
from their intention, but not being successful he re
sorted to compulsion. Turning the guns of the fort
upon the vessel in which they were embarking, he pre
sented to them the stern alternative to remain or die,
* Marshall, and thus prevented their departure.*
Effect of The adventure of President Smith with the Indians
toeaonethewas fruitful of good results. The terms of amity
prospects agreed upon between himself and Powhattan concili-
Colony. ated the natives so that thenceforth he obtained from
them all needful supplies of provisions, by which means
alone this remnant of a plantation was preserved from
perishing. At this crisis in their history a vessel
arrived from England laden with supplies, and bring-
Further ing about one hundred and twenty adventurers, " gen-
f"j^al„ tlemen, mechanics, and artificers." This timely ac-
land, 1607. cession to their numbers brightened their prospects
and would have materially re-invigorated the Colony
Supposed had it not been that some shining dust was discovered .
of8goid-y m tne ^e(^ °^ a neighboring stream which was taken for
dust, gold. The settlers became so infatuated with the idea of
Its effects suddenly enriching themselves with an abundance ofthe
settlers.6 precious metal that they could not be made to think of
or do anything else but to hunt after it. " It is almost
impossible" says Marshall, " to conceive how much the
prosperity of the plantation was retarded by this singu
lar delusion." It might, however, have been more dis
astrous had it been a reality instead of a delusion. As

THE UNITED STATES OP AMERICA. 57
UNDER THE FIRST CHARTER. PART I.
it was, it had rather the effect ultimately to relieve the The first -
settlement from the very embarrassments which it at first jjf ^LoS
originated. The first exportation ever made from this d°n Com-
country was made at this time, in two barques, one ^he j,irg(.^
freighted with cedar and the Other with this dust.* Exporta-
The arrival of such a cargo at their wharves in London, England.
was of course made much of by the Company. Being * Marshall.
heralded among the people, it had the effect to crowd its effects.
their office with applicants desirous to be transplanted people and
at once to Ameriea. Thus while the small Colony in Company,
Virginia was suffering from the baneful influences of
the delusion here, the importance of the enterprise of
-settling the country was being magnified in the estima
tion of the Company and the people, at home. Men of
rank and consideration, capitalists and speculators,
merchants and artizans, were eager to become members Excite-
of the corporation, to be admitted into its councils, m„n*a^
and to participate in its settlements and adventures, and its
The crown even was moved with an enthusiastic am
bition to secure its settlement in order to add to the
revenues of the kirigdom. The result was, the issuing
of a Second Charter, Meanwhile President Captain
Smith was persevering in an able and judicious admin- State of
istration of affairs in the infant Colony. So skillfully |he °Ql<wy
and adroitly did he over-rule the fever and excitement America,
created by the supposed discovery of gold, that he made
it the basis for a more efficient and permanent settle
ment of the country. He turned the thirst after it,
among those who now came to the Colony, to his ownpurther
purposes in making explorations of nearly all of the ^lor2 "
territory now comprehended within the limits of Mary-Capt.
land and Virginia. He thus surveyed and drew charts mi '
of its rivers, bays, inlets and harbors, which, with the
accounts he gave of its resources, were so full and accu- Their value
rate, that "after the progress of information andan4exteBt'
research for a century and a half they exhibit no inacu-
rate idea of both countries, and are the original on
which all subsequent delineations and descriptions have

58 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
The first been formed."* The colony remained under his aus-
oftheedLon^Pici°us administration until the year 1609, when hav-
don Com- ing been severely wounded by an explosion of gun-
*Robert- P^^er, ne was obhged to visit England for medical
son. treatment. He left it with a population of about five
Captain hundred persons, sixty comfortable and convenient
¦turns to dwellings,- various implements of husbandry, and other
i609?n ' needful appliances for its preservation and prosperity.
Condition But the life and vigor which he had inspired seemed
StfonT" to have departed with President Capt. Smith. He had
the Colony scarcely gone ere the plantation relapsed into a -singu-
parture.6" lar state of faction and misrule. Every principle of
How af- self-preservation seemed to be lost, and it was fast verg-
hifkavmging*0 destruction. The settlers became divided and
>t- contentious among themselves, and also stirred up
strifes with the Indians, and thus became a more easy
prey to their treachery and -resentment. Within' less
than one year after the departure of Capt. Smith
their dwellings were conflagrated, their families butch
ered, and tlieir numbers reduced to about sixty souls,
who must inevitably have perished from exposure or
starvation but for the timely arrival of Sir Thomas
Gates and others.
Arrival of Sir Thomas Gates had been dispatched from London
f^g0maswith supplies and adventurers for the Colony, but his
most valuable vessels, and a part of his crew, were lost
by shipwreck near the Bermuda Islands while himself
Voyage of and a. few companions reached one of them in safety.
Sir,Thomas ^fter remaining in this lonely and desolate region
Gates, and ° , . -i , . ., .
shipwreck for about nine months, they contrived to repair their
eeis^8 VeS" remaining vessels and re-embarked for Virginia. In
stead of finding, as they had anticipated, a thriving and
prosperous settlement at Jamestown which could relieve
their necessities, the scene of desolation and despair-
The set- which I have already described welcomed tlieir arrival.
tle.rser£ Seeing nothing before them but famine and massacre,
abandon they resolved with the remnant of adventurers in the
tr^.Hiio! Colony to return to England. They made the neces-

THE UNITED STATES OP AMERICA. 59
UNDER THE FIRST CHARTER. PART I.
sary preparations and embarked on the tenth day of How Pre-
June, 1610. Before they had fairly got under way,
just as they were proceeding out of the bay, on the
eighteenth of June, they were met by Lord De-La-War,
who was accompanied with a large number of adven
turers. He persuaded them to return, recruited their
numbers, supplied their necessities, and resettled them
at Jamestown. Lord De-La-War and his company of
adventurers, came to Virginia under a commission a Second
issued to him by virtue of a second and distinct Charter '"^'f™5'
from the Crown to the proprietors of the First Colony by the
issued for the purpose of erecting them into a 'sor L°on7
distinct corporation and body politic, and " for the don Com-
further enlargement and explanation of the privi
leges of the said First Company and Colony of Vir
ginia." Upon the reception of Capt. Smith's surveys and
chart in England, it was found that the grants con
tained in the previous charter, to the First and Second issuing of
Colonies, respectively run into and interfered with each charter by
other, while at the same time lus explorations disclosed James I-
a regiori of country much more extensive than had been
hitherto supposed to exist in the New World. This
second charter was issued in pursuance of a Petition
presented to the Crown by the Proprietors of the First
Colony, for the enlargement of the corporation, and
also for a more liberal and specific grant of territory,
powers, and privileges.
It cites, in its first and second sections, the former
grant, and the present application, and names in the
third section, as members of the new corporation,
over one thousand persons ; noblemen, lords, knights,
divines, merchants, manufacturers, mechanics and arti
sans. Besides these it mentions trading companies of
all descriptions, such as " merchants, grocers, mercers, ^ames of
•• -, .,-. • -ix corpora-
drapers, fishmongers, goldsmiths, spinners, merchant- tor8. .
tailors, haberdashers, salters, iron-mongers, vintners,
cloth-workers, dyers, brewers, leather-sellers, pewter-

60

THE GOVERNMENTAL HISTORY OF

Part I.

VIRGINIA,

TheSec- ers, cutlers, white-bakers, brown-bakers, wax-chand-
ter of lers, tallow-chandlers, armorers, girdlcrs, butchers, sad-
to SwLon- diers, carpenters, cordwainers, barber-chirurgeons, paint-
don Com- stainers, carriers, masons, plumbers, inn-holders, found-
23ni'609^y ers, poulterers, cooks, coopers, brick-layers, bowyers,
blacksmiths, joiners, weavers, woolmen, wood-mongers,
scriveners, fruiterers, plasterers, stationers, embroider
ers, upholsterers, musicians, turners, gardeners, basket-
makers, glaziers, and yeomen, — " together with such
and so many as they do, or shall hereafter, admit to be
joined with them in form hereafter in these presents
expressed, whether they go in their persons, to be plant
ers there in the said Plantation, or whether they go
not, but adventure tlieir monies, goods, or chattels;
that they shall be one body or commonalty perpetual,
and shall have perpetual succession, and one common
seal, to serve for the said body or commonalty ; and
that they, and their successors, shall be known, called,
and incorporated by the name of
New des- THE TREASURER AND COMPANY OF ADVENTURERS AND
ofnthte°cor- Planters op the City op London, for the First Col-
poration. 0ny of Virginia. The Charter then proceeds,
Power to IV. And that they and their successors, shall be
pildhaid fr°m henceforth forever enabled to take, acquire and
property, purchase, by the name aforesaid, (licence for the same,
from us, our heirs, or successors first had and obtained,)
any manner of lands, tenements, and hereditaments,
goods, and chattels, within our Realm of England, and
dominion of Wales.
To plead V. And that they and their successors, shall like-:
pieided!m'wise be enabled, by the name aforesaid, to plead and
be impleaded, before any of our Judges or Justices, in
any of our Courts, and in any actions or suits whatso
ever. VI. And we do also of our special grace, certain
Confirma- knowledge, and mere motion, give, grant, and confirm
former unto the said Treasurer and Company, and their suc-
grants. cessors, under the reservations, limitations, and declara-

THE UNITED STATES OP AMERICA. 61

SECOND AND SEPARATE CHARTER TO THE FIRST COLONY, PART I.

tious, hereafter expressed, all those lands, countries, Second
and territories, situate, lying and being in that part of 0f James
America called Virginia, from the point of land called h *° the
Cape or Point Comfort,* all along the sea coast, to the Co., May
northward two hundred miles ; and from the said point *Fr0^°9, '
of Cape Comfort, all along the sea coast to the south- Captain
ward two hundred miles ; and all that space and circuit chart.
lying from the sea coast to the precincts aforesaid, up
into the land throughout from sea to sea west and north
west ; and also all the Islands, lying within one hundred
miles, along the coast of both seas of the precinct afore- ^imSt! a?d
m PXtCIlt Ot
said, together with all the soils., grounds, havens and territory.
ports, mines, as well royal mines of gold and silver, as
otlier minerals, pearls and precious stones, quarries-,
woods, rivers, waters, fishings, commodities, jurisdictions)
royalties, privileges, franchises, and preheminences, with
in the said territories, and the precincts thereof, whatso
ever, and thereto and thereabouts, both by sea and land,
b"eing or in any sort belonging or appertaining, and
Wliich we, by our Letters Pattents, may or can grant, in
as ample manner and sort, as we or any of our noble
progenitors, have heretofore granted to any company,
body politic, or corporate, or to any adventurer or ad- Former ,
Venturers, undertaker or undertakers, of any discov- funded "*"
eries, Plantations, or traffic, of, in or into any foreign herein-
parts whatsoever, and in as large and ample manner, as
if the same were herein particularly mentioned and
expressed, To Have and To Hold, possess and enjoy, Haben-
all and singular the said lands, countries and territo
ries, with all and singular other the premises hereto
fore by these presents granted, or mentioned to be
granted, to them, the said Treasurer and Company,
their successors and assigns forever; to the sole and
proper use of them, the said Treasurer and Company,
their successors and assigns forever ; to be holden of us, Conoltions
our heirs, and successors, as of our Manour of East
Greenwich, in free and common soccage, and not t'wReserva-
eapite; yielding and paying therefor to us, our heirs, ^J^ * e

62 THE GOVERNMENTAL HISTORY OP
Part I. Virginia,
Second and successors, the fifth part only of all ore of gold
of James and silver, that from time to time, and at all times
London6 uereafter, shall be then gotten, had, or obtained, for all
Co., May manner of services.
' ° ' VII. And nevertheless our will and pleasure is, and
we do, by these presents, charge, command, warrant
and authorize, that the said Treasurer and Company,
or their successors, or the major part of them, which
shall, from time to time, under their common seal, dis
tribute, convey, assign, and set over, such particular
Adventur- portions of lands, tenements, and hereditaments, by
formerder tiiose presents formerly granted, unto such our loving
grants. subjects, naturally born, or denizens, or others, as well
adventurers as planters, as by the said Company (upon
a commission of survey and distribution executed and
returned for that purpose) shall be nominated, appoint
ed, and allowed ; wherein our will and pleasure is, that
respect be had, as well of the proportion of the adven
turer, as to the special service, hazard, exploit, or merit
of any person so to be recompensed, advanced, or
rewarded.
One Coun- VIII. And forasmuch as the good, and prosperous
Engiand.m success of the said Plantation cannot but chiefly depend,
next under the blessing of God, and the support of our
royal authority, upon the provident and good direction
of the whole enterprize, by a careful and understand
ing councel, and that it is not convenient, that all the
adventurers shall be so often drawn to meet and assem
ble as shall be requisite for them to have meetings and
conference about the affairs thereof, therefore we do
ordain, establish, and confirm, that there shall be per
petually one councel here resident, according to the
tenour of our former letters pattents ; which councel
Council in shall have a seal, for the better government and ad-
have'T d t0 ministration of the saidJ'lantation, besides the legal
seal. seai 0f the Company or corporation, as in our former
letters pattents is also expressed.
IX. And further, we establish and ordain, that

THE UNITED STATES OF AMERICA: 63
SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I.
Henry, Earl of Southampton ; William, Earl of Pern- Second
broke ; Henry, Earl of Lincoln ; Thomas, Earl of Exe- james l,
ter; Robert, Lord Viscount Lisle; Lord Theophilus t°theLon-
Howard ; James, Lord Bishop of Bath and Wells ; Ed- May 23,'
ward, Lord Zouche ; Thomas, Lord La War ; William, 1609-
Lord Monteagle ; Edmond, Lord Sheffield ; Grey, Lord
Chandois; John, Lord Stanhope ; George, Lord Carew ;
Sir Humphrey Weld, Lord Mayor of London ; Sir Ed
ward Cecil; Sir William Wade; Sir Henry Neville;
Sir Thomas Smith ; Sir Oliver Cromwell ; Sir Peter
Manwood; Sir Thomas Chaloner ; Sir Henry Hobart;
Sir Francis Bacon ; Sir George Coppin; Sir John Scot ; ^g613
Sir Henry Carey ; Sir Robert Drury ; Sir Horatio King's
Vere ; Sir Edward Conway ; Sir Maurice Berkeley ; England.
Sir Thomas Gates; Sir Michael Sandys; Sir Robert
Mansel; Sir John Trevor; Sir Amias Preston; Sir.
William Godolphin ; Sir Walter Cope ; Sir Robert Kil
ligrew ; Sir Henry Fanshaw ; Sir Edwin Sandys ; Sir
John Watts ; Sir Henry Montague ; Sir William Rom
ney ; Sir Thomas Roe ; Sir Baptist Hicks ; Sir Richard
Williamson; Sir Stephen Poole; Sir Dudley Digges ;
Christopher Brooke, Esq ; John Eldred ; and John
Wolstenholme ; shall be our councel for the said Com
pany of adventurers and planters in Virginia.
X. And the said Sir Thomas Smith we do ordain to The Treas-
. . , urer of the
be treasurer of the said Company ; which treasurer Company.
shall have authority to give order, for the warning of
the councel and summoning the Company, to their To warn
, ' meetings.
courts and meetings.
XI. And the said Councel and Treasurer, or any of The Coun-
them, shall be from henceforth, nominated, chosen, con- TreasUrei.
tinued, displaced, changed, altered, and supplied, asc^hean
death, or other several occasions, shall require, out of how to be
the company of the said adventurers, by the voice of the I^V n.
greater part of the said company and adventurers, in cies in
their assembly for that purpose : Provided always, that j^* M
every councellor, so newly elected, shall be presented to oath of.
to the Lord Chancellor of England or to the Lord High

64 THE GOVERNMENTAL HISTORY OF
Part I. Virginia.
Second Treasurer of England, or to the Lord Chamberlain of
James I., the household of us, our heirs, and successors, for the
totheLon-£jme being to take his oath of a councellor to us, our
May, 23,' heirs, and successors, for the said company of adven-
1609, • turers and Colony in Virginia.
XII. And we do by these presents, of our special
Deputy grace, certain knowledge, and mere motion, for us, our
may be'ap- heirs, and successors, grant unto the said treasurer
pointed, and Company, and their successors, that if it happen,
when. at any time or times, the treasurer for the time
being to be sick, or to have any such cause of absence
from the City of London, as shall be allowed by the
said Councel, or the greater part of them, assembled,
so as he cannot attend the affairs of that Company, in
every such case, it shall and may be lawful for such
treasurer for the time being, to assign, constitute and
appoint, one of the Councel or Company, to be likewise
allowed by the Councel, or the greater part of them
assembled, to be the Deputy Treasurer of the said.
Powers of Company ; which deputy shall have power to do and
uty Treas- execute all things which belong to the said treasurer,
urer. during such time as such treasurer shall be either sick,
or otherwise absent upon the cause allowed of by the
said Councel, or the major part of them, as aforesaid,
so fully and wholly, and in as large and ample manner
and form, to all intents and purposes, as the said treas
urer, if he were present, himself might or could do and
execute the same.
The King's XIII. And further, of our special grace, certain
En^iandTo knowledge, and mere motion, for us, our heirs, and suc-
appoint cessors, we do, by these presents, give . and grant full
move all power and authority to our said Councel, here resident,
officers in as wen. at this present time, as hereafter from time to
the Colo- . r ' .
ny. time, to nominate, make, constitute, ordain, and con
firm, by such name or names, stile or stiles, as to them
shall seem good, and likewise to revoke, change, and
alter, as well all and singular governors, officers, and
ministers, which already have been made; as also

THE UNITED STATES OP AMERICA. 65
SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I.
which hereafter shall be by them thought fit and need- Second
ful to be made or used, for the government of the said jameS i.t
Colony and plantation. don'oLo,h
XIV. And also to make, ordain, and establish all May 23'
manner of orders, laws, directions, instructions, forms, 1609,
and ceremonies of government and magistracy, fit and
necessary, for and concerning the government of the
said Colony arid Plantation ; and the same at all times
hereafter, to abrogate, revoke, or change, not only To estab-
within the precincts of the said Colony, but also upon0f Govem-
the seas in going and coming to and from the said Col-™en* f°r
Ony, as they, in their good discretion, shall think to be ny.
fittest for the good of the adventurers and inhabitants
there. XV. And we do also declare, that, for divers reasons The pow-
and considerations us thereunto especially moving, our president6
will and pleasure is, and we do hereby ordain, that an4 c°un-
i -i -. • -i cil in the
immediately from and after such time as any such gov- colony un-
ernor or principal officer, so to be riominated and ap-p?^*1^ _
pointed, by our said Councel, for the government of ter to
the said Colony, as aforesaid, shall arrive in Virginia, °^|
and give notice unto the Colony there resident of our ?
pleasure in this behalf, the government, power and
authority of the President and Councel, heretofore by
our letters pattents tliere established, and all laws and
Constitutions, by them formerly made, shall utterly
cease and be determined ; and all officers, governors,
and ministers formerly constituted and appointed shall
be discharged ; any thing in our former letters pattents
concerning the said Plantation contained in any wise
to the contrary notwithstanding ; straightly charging and
commanding the President and Councel, now resident
in the said Colony, upon their allegiance, after knowl
edge given unto them of our will and pleasure, by
these presents signified and declared, that they forth
with be obedient to such governor or governors, as by
our said Councel here resident, shall be named and
appointed, as aforesaid, and to all directions, orders
5

THE GOVERNMENTAL HISTORY OP

Part I.

Second and commandments, which they shall receive from
Charter of xl „ . ' ' ' L '.'•'.¦' , . ". ' „
James I., them, as well in the present resigning and giving up ot
^°nh^on" their authority, offices, charge and places, as in aU
May 23,' other attendance, as shall be by tiiem, from time to
time, required.
XVI. And we do further, by these presents, ordain,
and establish, that the said Treasurer and Council here
h'Tadmit resident, and their successors, or any four of them,
ted to the being assembled (tlie treasurer being one) shall from
theecom-0f time t0 time> have fuU P°^er and authority, to admit
pany, and and receive any other^person into their company, cor-
fralchised. poration, and freedom; and further, in a general assem
bly of the adventurers, with the consent of the greater
part, upon good cause, to disfranchise and put out any
person or persons* out of the said freedom and com
pany.
Privilege XVII. And we do also grant and confirm, for us, our
of mining, ^irs an(j successors, that it shall be lawful for the said
oEC Treasurer and Company, and their successors, by direc
tion of the governors there, to dig and to search for all
manner of mines of gold, silver, copper, iron, lead, tin,
and all sorts of minerals, as well within, the precinct
aforesaid, as within any part of the main land, not for
merly granted to any other, and to have and enjoy the
gold, silver, copper, iron, lead and tin, and all other
minerals, to be gotten thereby, to the use and behoof
of the said company of planters and adventurers yield
ing thereof and paying yearly, unto us, our heirs and
successors, as aforesaid.
Power to XVIII. And we do further, of our special grace, cer-
ad° nT* tam knowledge, and mere motion, for us, our heirs, and
ers. successors, grant, by these presents, to and with the said
Treasurer and Company, and their successors, that it
shall be lawful and free for them, and their assigns, at
all and every time and times hereafter, out of our realm
of England, and out of all other our dominions, to take
and lead into the said voyages, and for and towards the
said plantation, and to travel thitherwards, and to abide

THE UNITED STATES OP AMERIGA. 67
SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I.
and inhabit there in the said colony and plantation, all Second
such and so many of our loving subjects, or any other j^es i.°
strangers, that will become our loving subjects and live *° the Lon-
under our obedience, as shall willingly accompany them May 23,'
in the said voyage and plantation; with sufficient ship-*609-
ping, armour, weapons, ordnance, munition, powder, p0rt ar-
shot, victuals, and such merchandizes or wares, as are ™°"rJm?°t'
esteemed by the wild .people in those parts, clothing, chandize,
implements, furniture, cattle, horses, and mares, and all t0 't'ne na_
other things, necessary for the said plantation, and for tlves-
their use and defence, and trade with the people there; importa-
and in passing and returning to and fro ; without yield- adventur
ing or paying subsidy, custom, imposition, or any other ers free of
, . i ¦ * i-L duty for
tax or duty, to us, our heirs, or successors, tor the space seven
of seven years from the date of these presents. pro-7earB-
vided, that none of the said persons be such, as shall be Proviso as
to cprtiiin
hereafter, hy especial name, restrained by us, our heirs, persons. '*
and successors.
XIX. And for their further encouragement, of our
special grace and favor, we do, by these presents, for us,
our heirs, and successors, yield and grant, to and with
the said Treasurer and Company, and their successors,
and every of them, their factors and assigns, that they
and every of them, shall be free of all subsidies and Imports
customs in Virginia for the space of one-and-twenty p"rtg „f
years, and from all taxes and impositions, for ever, upon ^^^
any goods or merchandize, at any time or times here-0f duty 21
after, either upon impoEtation thither, or exportation ^s^nd
feofli them into our realm of England, or into any other &c, for-
of our realms or dominions, by the said Treasurer andev
Company, and their successors, their deputies, factors
or assigns, or any of them : Except only the five pounds
per cent, due for customs, upon all such goods andj*0^
merchandizes as shall be brought or imported into our's°°desd™"0
realm of England, or any other of these our dominions, ^gla^l
according to the ancient trade of merchants; which Then tobe
five pounds per cent, only being paid, it shall be thence- freeToFor-
forth lawful and free for the said adventurers the same eign ports.

68

THE GOVERNMENTAL HISTORY OF

Part I.

VIRGINIA,

SecondCharter of
James I.
to the Lon
don Co.,
May 23,
1609.
Proviso.

Power to
, expel in
truders
from the
Colony.

Power to
seize trad
ers not be
longing to
the Colony.

How to be
treated if
British

goods and merchandizes to export, and carry out of our
said dominions, into foreign ports, without any custom,
tax, or other duty, to be paid to us, our heirs, or suc
cessors, or to any other our officers or deputies. Pro
vided, that the said goods and merchandize be shipped
out, witliin thirteen months after the first landing with
in any part of those dominions.
XX. And we do also grant and confirm to the said
Treasurer and Company and their successors, as also to
all and every such governor, or other officers and min
isters, as by our said Councel shall be appointed to have
power, authority of government, and command, in or
over the said coloriy or plantation ; that they, and every
of them, shall and lawfully may, from time to time, and
at all times forever hereafter, for their several defence
and safety, encounter expulse, repel, and resist, by force
and arms, as well by sea as by land, and all ways and
means whatsoever, all and every such person and per
sons whatsoever, as (without the special licence of the
said Treasurer and Company, and their successors)
shall attempt to inhabit within the said several precincts
and limits of the said colony and plantation ; and also,
all and every such person and persons whatsoever, as
shall enterprize or attempt, at any time hereafter,
destruction, invasion, hurt, detriment, or annoyance, to
the said coloriy arid plantation, as is likewise specified
in the said former grant.
XXI. And that it shall be lawful for the said Treas
urer and Company, and their successors, and every of
them, from time to time, and at all times forever here
after, and they shall have full power and authority, to
take and surprize, by all ways and means whatsoever,
all and every person and persons whatsoever, with their
ships, goods, and other furniture, trafficking in any har
bour, creek or place, within the limits or precincts of
the said colony and plantation, not being allowed by
the said Company to be adventurers or planters of the
said colony, until such time as they, being of any

THE UNITED STATES OF AMERICA.

SECOND AND SEPARATE CHARTER TO THE EIRST COLONY. PART I.
realms and dominions under our obedience, shall pay Second
or agree to pay, to the hands of the treasurer, or of j^mes i.°
some other, officer, deputed by the said governor oftotheLon-
Virginia (over and above such subsidy and custom, as May 23,'
the said Company is, or hereafter shall be, to pay) five 1^09-
pounds per cent, upon all goods and merchandizes so
brought in thither, and also five per cent, .upon all goods
by them shipped out from thence ; and being strangers,
and not under our obedience, until they have paid (over How to be
and above such subsidy and custom, as the said Treas- ^^
urer and Company, or their successors is, or hereafter subjects.
shall be, to pay) ten pounds: per cent, upon all such
goods likewise carried in and out, anything in the said
former Letters Pattents to the contrary notwithstand
ing: And the same sums, of money and. benefit, as Such duties
aforesaid, for and during the space of one-and-twenty £° J^be
vears, shall be wholly employed to the benefit, use andnse of the
J . , -. -¦ i ," i- j a. Colonyior
behoof of the said colony and plantation ; and alter 2i years.
the said one-and-twenty years ended, the same shall be
taken to the use of us, our heirs,. and successors, by ^fter that
such officers and ministers as by us, our heirs, or suc-^^use
cessors, shall be thereunto assigned and appointed, as Crown.
is specified in the said former Letters Pattents.
XXH. Also, we do, for us, our heirs, and successors, Colonists
declare, by these presents, that all and every the per- *"****
sons, being our subjects, which shall go and inhabit to be con-
within the said colony, and plantation, and every ofg^
their children and posterity, which shall happen tp be subjects.
born within any the limits thereof, shall have and enjoy
all liberties, franchises, and immunities of free denizens
and natural subjects, within any of our dominions, to
all intents and purposes, as if they had been abiding
and born, within this our realm of England, or in any
other of our dominions.
XXHI. And forasmuch, as it shall be necessary for Jrbtiani-
all such our loving subjects as shall inhabit within then,zedasan
said precincts of Virginia aforesaid, to determine to J^tto
live together in the fear and true worship of Almighty ment-

70 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,

Second God, christian peace, and civil quiethdss, each with
ofajames °ther, whereby every one may, with more safety,
I. to the pleasure, and profit, enjoy that whereunto they shall
London *7 , . .7, *. .' J A „ w „ ' . .
Co.; May attain with great pain and peril ; We tor us, our heirs,
2s, 1609. and successors* are likewise pleased and contented, and
by these presents, do give, and grant unto the said
Judicial Treasurer and Company, and their successors ; and to
tive pow" sucn governors^ officers, and ministers^ as shall be, by
ers vested our said Councel, Constituted and appointed, according
lbnial Gov- *°' the nature arid limits of their offices arid places respect-
\ emors and ively, that they shall and may, from time to time forever
hereafter, within the said precincts of Virginia ; or in
the way by seas .thither and from thence, have full and ab
solute power and authority, to correct, punish, pardon,
govern arid rule, all such* the subjects of us, our heirs
and successors* as shall from time to time adventure
themselves in any voyage thither, or that shall, at any
time hereafter inhabit in the precincts and territories
of the said colony as aforesaid* according to such orders*
ordinances, constitutions, directions, and instructions,
as by our said Councel, as aforesaid, shall be estabhshed ;
and in defect thereof* in case of necessity, according to
the good discretions of the said governor and officers,
respectivelyi, as well in eases capital and criminal as
Proviso, civil, both marine and other; so always as the said
statutes, ordinances and proceedings, as near as con
veniently may be, be agreeable to the laws, statutes,
government, and policy of this our Realm of Eng
land.
Colonial XXIV. Arid we do further, of our special grace,
fmpowCT- certain knowledge, and mere motion grant, declare and
ed to en- ordain, that such principal governor, as, from time to
thuTaw," 'time, shall duly and lawfully be authorized and ap-
in cases of pointed, in manner and form in these presents hereto-
rebelhon z, , , , ,, , „ ,, r ,
or Tnutiny.iore expressed^ shall have full power and authority, to
use and exercise martial law, in cases of rebellion or
mutiny, in as large and ample manner, as our Lieuten
ants in Our counties, within this our realm of England^

% THE UNITED STATES OF AMERICA. 71
SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I.
have or ought to have, by force of their Commission Second
„ T . -• , Charter of
of Lieutenancy. jameg i. to
XXV. And furthermore, if any person or persons, *J»« Lon-
rf , . i i J.-L don Co;,
adventurers or planters of the said colony, or any other, May 23,
at any time or times hereafter, shall transport any*609;
« i . Penaltyfor
monies, goods, or merchandizes out ot any ot our Kmg- frauduient-
doms, with a pretense or purpose to land, sell, or other- 'y^^s
wise dispose of the same, within the limits or bounds other than
of the said colony, and yet nevertheless, being at sea,^^!'"'
or after he hath landed within any part of the said destina-
colony, shall carry the same into any other foreign
country, with a purpose there to sell and dispose there
of; that then all the goods and chattels of the said per
son, or persons, so offending and transported, together
with the ship or vessel, wherein such transportation
was made, shall be forfeited to us, our heirs and suc
cessors. XXVI. And further our will and pleasure is, that Construe-
in all questions and doubts that shall arise, upon any charters
difficulty of construction or interpretation of anything, to be most
x- j -xv -xx.- • -j e ' i « 'favorable
contained either m this* or in our said former letters to Patent-
pattents, the same shall be taken and interpreted, in ees*
most ample and beneficial manner for the said Treas
urer and Company, and their successors* and every "
member thereofl
XXVII. And further we do by these presents, ratify Former
and confirm unto the said Treasurer and Company, and c"J^ed
their successors, all the privileges, franchises, liberties,
and immunities, granted in our said former letters
pattents, and not in these our letters pattents revoked,
altered* changed, or abridged.
XXVIH. And finally* our will and pleasure is, and Adventur-
we do further, hereby, for us, our heirs, and successors, f^ admit'
grant and agree* to and with the said Treasurer and *?d t0 the
Company, and their successors* that all and singular entitled to
person and persons, which shall, at any time or times* p^w,,,
hereafter adventure any sum or sums of money, in and as if here-
towards the said Plantation of the said colony in Vir-

72 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Second ginia, and shall be admitted by the said Councel and
James'i.'to Company, as adventurers of the said Colony, in form
the Lon- aforesaid, and shall be enrolled in the book or records
May 23,' of the adventurers of the said Company, shall and may
1609. ke accounted, accepted, taken, held, and reputed, ad
venturers of the said colony, and shall and may enjoy
all and singular grants, privileges, liberties, benefits,
profits, commodities, and immunities, advantages, and
emoluments, whatsoever, as fully, largely, amply, and
absolutely, as if they, and every of them, had been pre
cisely, plainly, singularly, and distinctly, named and
inserted in these our letters pattents.
Protest- XXIX. And lastly, because the. principal effect
antism which we can desire or expect of this action, is, the
recognized . *¦
as opposed conversion and reduction of the people in those parts
ism8"™^" unto the true worship of God and the Christian reli-
the latter gion, in which respect we should loath that any. person
against, should be permitted to pass that we suspected to affect
the superstitions of the Church of Rome ; We do here
by declare, that it is our will and pleasure, that none
be permitted to pass in any voyage, from time to time
to be made into the said country but such as shall first
Oath of have taken the Oath of Supreriiacy ; for which purpose,
tobeTd^7 we ^°> ty these presents, give full power and authority,
ministered to- the Treasurer for the time being, and any three of
venturers the Councel, to tender and exhibit the said oath, to all
barkatto™ sucn Persons, as shall, at any time, be sent and em-
and by ployed in the said voyage :
ind flnit Although express mention of the true yearly value
description or certainty of the preriuses, or any of them, or of any
ises^not "to other gifts or grants by us, or any of our progenitors
be prejudi- 0r predecessors, to the aforesaid Treasurer and Com-
cial to the , . '
adventur- pany heretofore made, in these presents is not made ;
or any act, statute, ordinance, provision, proclamation,
or restraint, to .tlie contrary thereof had, made, ordained*
or provided, or any other thing, cause or matter, what
soever, in any wise notwithstanding, In witness whereof,
We have caused these our letters to be made pattent.

ers.

THE UNITED STATES OF AMERICA. '73
SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I.
Witness ourself at Westminster, the twenty-third day
of May, 1609, in the seventh year of ..our reign of Eng
land, France and Ireland ; and of Scotland the xxx.
Per Ipsum Regem — Lukin.

It required, as we have seen, no special exercise of Lord De-
the powers conferred in the fifteenth section of this Adminis-
. Charter to invest Lord De-La-War, on his arrival in tration.
Virginia, with the ample enjoyment of his title of Gov*-
ernor and Captain General of the , colony, or the un
embarrassed exercise of bis powers. , After resettling
the adventurers at Jamestown, he entered upon the dis
charge of his duties with energy, firmness, prudence,
and decision. He restored the plantation to a state of
union, harmony, and good government, while at the
same time he inspired the natives with veneration, and
awe of his authority. But declining health prevented
him from long discharging the duties of his important
and responsible position. He consequently resigned His resig-
the government into the hands of Mr. George Percy, natl0n-
one of his associates ; and sailed for the West Indies,
leaving about two hundred inhabitants in the colony,
in the enjoyment of health, tranquillity, and plenty.* * Marshall.
There is nothing particularly interesting, or impor
tant to our purpose, connected with the local history of
the colony m America, at this period. The form of condition
government under which it existed was hardly tangible, of the
and not illustrative of the operation of any of the pro-FnaAmeri-8
visions of the new charter. The settlers lapsed intoca>1611-
a lewd and . disorderly state, leading rather a vagrant
life,j- restless, and impatient ; of restraint. The settle- f See Third
ment itself must be regarded as a nucleus for further garter,
experiments and observations by the Company, rather Post.
than the actual commencement of a wellordered and
permanently established frame-work of social or politi
cal organization.
The shipwreck of Sir Thomas Gates near the Bermu-

74 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
das; the passing to and fro of transport and trading
Vessels, not as yet numerously or heavily freighted with
adventurers, or merchandize; disclosed, from time to
General *ime5 the existence of Various Islands in the intervening
results of and adjacent sea, which attracted the direct attention
peditions °f the Company, more than their small plantation in
ofthe Co. Virginia. Their chief ambition seeming to have been,
to grasp all, and then more minutely to concern them
selves about its particular occupancy and government.
Third We miist therefore leave Virginia for a brief season
Charter to and note the more appropriate Operations and embar-
dou Co. rassments of the Corporation, in England. These will
* See Sees, sufficiently appear from the provisions* of a third
vm, ix, an cnarter |0 fjne London Company at this time issued to
thein by the Crown. This charter commences by reci
ting in its first and second sections, by way of pream
ble, the appUcation for the second charter, the name
tmder which the Company was thereby incorporated,
See Ante, and the enlarged boundaries as described in its sixth
section, and proceeds :
Preamble III. Now, forasmuch as we are given to understand,
Third6 *na*' m those seas, adjoining to the said coast of Vir-
Charter. ginia, and without the compass of those two hundred
miles, by us so granted unto the said Treasurer and
Company, as aforesaid, and yet not far distant from the
said colony in Virginia, there are, or may be, divers
lands, lying desolate and uninhabited, some of which
are already made known and discovered, by the indus- ¦
try, travel, and expences of the said Company, and
Others also are supposed to be and remain, as yet, un
known and undiscovered, all and every of which it may
import the said colony, both in safety and policy of
trade, to populate and plant, in regard whereof* as well
for the preventing df peril, as for the better commodity
and prosperity of the said colony* they have been hum
ble suitors unto us, that we Would be pleased to grant
unto them an enlargement of our said former letters
pattents, as well as for a more ample extent of their

THE UNITED STATES OF AMERICA. 75

THIRD AND SEPARATE CHARTER TO THE FIRST COLONY. PART I.
limits and territories into the seas* adjoining to and Third
Upon the Coast of Virginia* as also for some other mat- james I.
ters and articles, concerning the better government of *otn?, Pon
tile said Company and Coloriy, in which point our said March ia,
former letters pattents do not extend so far* as time and J,6*1?18"
x . ¦ Deficiency
experience hath found to be needful and convenient, of former
IV. We therefore* tendering the good and happy suc-patents-
cess of the said plantation, both in regard of the gen- Motive to
eral weal Of human society* as in respect of the good- grant"
Of our own estate arid kingdoms, and being willing to
give furtherance to all good means that may advance
the benefit of the said Company, and that may secure
the safety of Our loving subjects* planted in our said
colony under the favor and protection of God Almighty,
and of oUr royal power and authority, have therefore
of OUr especial grace, certain knowledge* and mere
motion; given, granted* and confirmed, and for us, our
heirs and successors, we do, by these presents, give*
grant, and confirm, to the said Treasurer and Company
of adventurers and planters of the City of London for
the First Colony of Virginia, and to their heirs and svl&-
teessors* forever* all and singular those Islands whatso1
fever, situate and being in any part of the ocean seas Precincts
bordering upon the coast of our said First Colony in en rs<J '
Virginia, and being within three hundred leagues of
any the parts heretofore granted to the said Treasurer
and Company, in our said former letters pattents, as
aforesaid, and being within or between the one-and-for-
tieth and thirtieth degrees of Northerly latitude, togeth
er with all and singular soils, lands, grounds, havens*
ports, rivers, waters, fishings* mines and minerals, pearls, Amplifica-
precious stones* quarries* and all and singular other tionof
,. . . . ,. . . powers,
commodities, jurisdictions, royalties, pnvihges, fran* privUeges.
chises and preheminences, both within the said tract of
land upon the main* arid also within the said Islands
and seas adjoining* whatsoever, and thereunto or there
abouts both by sea and land being* or -situate ; and
which, by our letters pattents* we may or can grant*

.76

THE GOVERNMENTAL HISTORY OF

Part I.

VIRGINIA,

Third and in as ample manner and. sort,. as we, or any our
James i. noble, progenitors, have, heretofore granted to any per-
totheLon-son or. persons* or to any company, body politic, or
Mai-ch 12, corporate, or to any adventurer or adventurers, under-
b ~ ' taker or undertakers, of any discoveries, plantations,
or traffic, of, in, or into, any foreign, parts whatsoever,
and in as large. and ample manner, as if the same were
herein particularly named, mentioned, and expressed.
Proviso. Provided always, that the said Islands, or any the
premises herein mentioned, or by these presents, intend
ed, or meant to be granted, be not actually possessed
or inhabited by any other christian prince or estate,
nor be within the bounds, ^limits, or territories of the
Northern Colony, heretofore, by us granted to be plant
ed by. divers of our loving subjects in the North parts
Haben- of Virginia: To have and to hold, possess and enjoy,
dum- all and singular the said Islands, in the said ocean seas
so lying, and bordering upon the coast and coasts of the
territories' of the said First Colony in Virginia, as afore
said, with all and singular, the said soils, lands, and
grounds, and all and singular other the premises, here
tofore by these presents granted, or mentioned to be
granted, to them, the said Treasurer and Company of
adventurers and planters ofthe City of London for the
first colony in and to their heirs, successors, and assigns,
forever, to the sole and proper use and behoof of them,
the said Treasurer and Company, and their heirs, and
successors and assigns forever ; to be holden of us, our
Conditions heirs, and successors, as of our manor of East Green-
of Tenure, -yrich, in free and common soccage, and not in capite;
yielding and paying therefore to us, our heirs, and suc
cessors, the fifth part: of the ore of all gold and silver,
which shall be there gotten, had, or obtained, for all
manner of services whatsoever.
Additional V. And further, our will and pleasure is, and we do
ereadmit- ^ these presents, grant and confirm, for the good and
ted, and welfare of the said plantation ; and that posterity may
w y' hereafter know, who. have adventured and not been

THE UNITED STATES OP AMERICA. 77
THIRD AND SEPARATE CHARTER TO THE FIRST COLONY. PART I.
sparing of their purses in such a noble and generous Tnird
action for the general good of their country, and at the James I.,
request, and with the consent of the company afore- a° nhc^on"
said, that our trusty and well-beloved subjects, George, March 12,
Lord Arch-Bishop of Canterbury ; Henry, Earl of
Huntington ; Edward, Earl of Bedford ; Richard, Earl
of Clanrickard, &c, who since our said last letters pat
tents are become adventurers, and have joined them
selves with the former adventurers and planters, of the
said company and society, shall* from henceforth, be
reputed deemed, and takeri to be, and shall be breth
ren and free members of the Company, and shall and
may, respectively* and according to . the proportion: and
value of their several adventures, have, hold, and
enjoy, all such interests, right, title, privileges, pre-TonaTe. .
heminences, liberties, franchises, immunities, profits, leges with"
and commodities, whatsoever, in as large and amplei former ad-
' . venturers.
and beneficial manner, to all intents, constructions,
and purposes, as any other adventurers, nominated and
expressed in any our former letters pattents, or any of
them, have or may have, by force and virtue of these
presents, or any our former letters pattents, whatso
ever. VI. And we are further pleased, and we do, by these
presents, grant and confirm that Philip, Earl of Mont
gomery ; William, Lord Paget ; Sir John Starrington,
Kn't, &c, whom the said Treasurer and Company have,
since the said last letters pattents, nominated and set
down, as worthy and discreet persons, fit to serve us Addition
as Councellors, to be of our Councel for the said planta- * Km|>a
tion ; shall be reputed, deemed, and taken as persons Council.
of our said Councel for the said First Colony, in such
manner and sort, to all intents and purposes, as those
who have been formerly elected and nominated, as our
Councellors for that colony, and whose names have
been or are inserted and expressed, in our said former
letters pattents.
VH. And we do hereby ordain and grant, by these

78 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Third presents, that the said Treasurer and Company of ad-
James L, venturers and planters aforesaid, shall and may, once
totheLon-every ¦vp-ee]j;j 0r oftener, at their pleasure, hold and keep
March 12, a Court and Assembly, for the better order and govern-
J5 11^l?' ment of the said plantation, and. such things as shall
pany to concern the same; and that any five, persons of our
weekly Councel for the said First Colony in Virginia, for the
Courts, time being, of which company tlie Treasurer, or his
stituted"1" ^ePuty> *° De always one, and the number of fifteen
others at the least, of the generality of the said Com
pany, assembled together in suph manner as is and
hath been heretofore used and accustomed, shall be said,
taken, held, and reputed to be, and shall be a sufficient
Court of the said Company, for the handling, and order?
ing, and dispatching of all such casual and particular
Occurrences, and accidental matters, of less conse
quence and weight, as shall, from time to time, happen
touching and concerning the said plantation.
Great and VIII. And that nevertheless, for the handling, order-
Courts es- ing and disposing of matters and affairs of greater
tabiished. weight and importance, and such as shall or may, in
any sort, concern the public weal andtgeneral good of
the said Company and plantation, as namely the man
ner of government from time to time to be used, the
Ordering and disposing of the lands and possessions,
fourterms ^n<* tne sett^mS and establishing of a trade there, or
a year. such like, there shall be held and kept every year, upon
the last Wednesday save one of Hilary Term, Easter,
Trinity, and Michaelmas terms, for ever, one great,
general, and solemn assembly, which our assemblies
Stils ofthe shall be stiled and called The four Great and Gen-
ourts' eral Courts of the Council and Company of Adven
turers for Virgenia. In all and every of which said
Great and General Courts, so assembled,*our will and
pleasure is* and we do, for us, our heirs, and success
ors, for ever, give and grant to the said Treasurer and
Company, and their successors, for ever, by these pres
ents, that they, the said Treasurer and Company, or

THE UNITED STATES OF AMERICA. 79
THIRD AND SEPARATE CHARTER TO THE FIRST COLONY. PART I.
the greater number of them, so assembled, shall and Third
may have full power and authority, from time to time, james I.,
and at all times hereafter, to elect and choose discreet *otn?.Lon"don Co.,
persons, to be of our said Councel, for the said First March 12,
Colony in Virginia ; and to nominate and appoint such J,611"12-
officers, as they shall think fit and requisite, for the&c. '
government, managing, ordering and dispatching of
the affairs of the said company ; and shall likewise
have full power and authority to ordaine and make such
laws and ordinances, for the good and welfare of the
said plantation, as to them, from time to time, shaE be
thought requisite and meet: so always as the same be Proviso.
not contrary to the laws and statutes of this our realm
of England; And shall, in like manner, have power Powers
and authority to expulse, disfranchise, and put out of qUents.
and from their said company and society, forever, all
and every such person and persons, as having either
promised, or subscribed their names, to become adven
turers to the said plantation of the first colony in Vir
ginia, or having been nominated for adventurers, in
these or any other our letters pattents, or having been
otherwise admitted and nominated to be of the said
company, have nevertheless either not put in any ad
venture at all for and towards the said plantation, or
else have refused and neglected, or shall refuse and
neglect to bring in his or their adventure, by word or
writing promised, within six months after the same
shall be so payable and due.
IX. And whereas the failing and non-payment of Unpaid
such monies as have been promised in adventure for thins!"1^
the advancement of the said plantation, hath been
often by experience found to be dangerous and preju
dicial to the same, and much to have hindered the pro
gress and proceeding of the said plantation, and for
that it seemeth unto us a thing reasonable, that such
persons as by their handwriting have engaged them- Judges to -
selves for the payment of their adventures, and after- fo™^™
wards neglecting their faith and promise, should be scrfptions.

80 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Third compelled to make good and keep the same ; therefore
James I., our ^H aQd pleasure is, that in any suit or suits, com-
totheLon-menced or to be commenced, in any of our Courts at
March, '12, Westminster, or elsewhere, by the said Treasurer and
1611-12. Company, or otherwise, against any such persons, that
our Judges for the time being, both in our Court of
Chancery, and at the Common Pleas, do favor and fur
ther the said suits, so far forth as law and equity will,
in any wise, further and permit.
Admission : -X. And we do, for us, our heirs, and successors,
of new further give and grant to the said Treasurer and
members. D °
Company, or their successors, for ever, that they, the
said Treasurer and Company, or the greater part of
them, for the time being, so in a full and general court
assembled, as aforesaid, shall and may, from time to
time, and at all times forever hereafter, elect, choose,
. . and admit into their company and society, any person
of aliens or persons, as well strangers and aliens, born in any
EcrsStran" Part °eyond the seas wheresoever, being in amity with
us, as our natural liege subjects, born in any our
realms, and dominions ; and that all such persons, so
elected, chosen and admitted to be of the said com
pany, as aforesaid, shall thereupon be taken, reputed,
and held, and shall be, free members of the said com
pany, and shall have, hold, and enjoy, all and singular
Privil s freedoms, liberties, franchises, privileges, immunities,
of mem- benefits, profits, and commodities, whatsoever, to the
admitted. said company in any sort belonging or appertaining, as
fully, freely, and amply, as any other adventurers, now
being, or which hereafter at any time shall be, of the
said company, hath, have, shall, may, might or ought
to have and enjoy the same, to all intents and purposes
whatsoever.
May solicit XI. And we do further of our special grace, certain
port emi- knowledge, and mere motion, for us, our heirs, and suc-
grants. cessors, give and grant unto the said Treasurer and
Company, and their successors, for ever, by these pres
ents, that it shall be lawful and free for them and their

THE UNITED STATES OP AMERICA. 81
THIRD AND SEPARATE CHARTER TO THE PIRST COLONY. PART. I
assigns, at all and every time and times hereafter, out Third
of anv our realms and dominions whatsoever, to take. 9harte'of
J - - . ' James I. to
lead, carry, and transport, in and mto the said voyage, the Lon-
and for and towards the said plantation, of our saidMarohiz
First Colony in Virginia, all such and so many of our 16U-12.
loving subjects, or any other strangers that will become
our loving subjects and live under our allegiance, as
shall willingly accompany them in the said voyages and
plantation* with shipping armour, weapons, ordnance*
munition, powder, shot, victuals, and all manner of
merchandizes and wares, and all manner of clothing,
implements, furniture, beasts* cattle, horses, mares, and
all other things necessary for the said plantation, and
for their use and defence, and for trade with the people Goods, &c
there, and in passing and returning to and from, with- duty°for
out paying or yielding any subsidy, custom or imposition, seven
either inward or outward, or any other duty to us, our
heirs, or successors, for the same, for the space of seven
years from the date of these presents.
XII. And we do further, for us, our heirs, and sue- Oaths of*
cessors, give and grant to the said Treasurer and Com-£up™ma'
pany, and their successors, for ever, by these presents, allegiance.'
that the said Treasurer of that Company, or his deputy,
for the time being, or any two other of the said coun
cel for the said First Colony in Virginia, for the time
being, or any two other, at all times hereafter, and from
time to time, have full power and authority, to minis
ter and give the oath and oaths of supremacy and alle
giance, or either of them, to all and every person and
persons which shall at any time or times hereafter, go
or pass to the said colony, in Virginia :
XHI. And further, that it shall be lawful likewise other
for the said Treasurer, or his deputy, for the time0aths"
being, or any two or others of our said councel for the
said First Colony in Virginia, for the time being, from
time to time, and at all times hereafter, to minister
such a formal oath, as by their discretion shall be rea
sonably devised, as well unto any person or persons,

82 THE GOVERNMENTAL HISTORY OP
Part I. Virginia,
Third employed in, for, or touching the said plantation, for
Jame's i°f their honest, faithful, and just discharge of their service,
to the Lon- in all such matters, as shall be committed unto them
March 12, for the good and benefit of the said company, colony
1611-12. and plantation ; As also unto such other person or per
sons, as the said Treasurer or his deputy, with two
others of the said councel, shall think meet, for the
Discre- examination and clearing of the truth, in any cause
Oaths7 'whatsoever concerning the said plantation, or any busi
ness, from thence proceeding, or thereunto belonging.
Of deser- XIV. And furthermore, whereas we have been cer-
mtoepre- tified, that divers lewd and ill disposed persons, both
sentations. sailors, soldiers, artificers, husbandmen, labourers, and
others ; having received wages, apparel, and other enter
tainment, from the said company, or having contracted
and agreed with the said company, to go, or to serve,
or to be employed, in 'the said plantation of the said
First Colony in Virginia, have afterwards either with
drawn, hid, or concealed themselves, or have refused to
go thither, after they have been so entertained and
agreed withal ; and that divers and sundry persons also,
which have been sent and employed in the said planta
tion of the said First Colony in Virginia, at and upon
the charge of the said company, and having there mis
behaved themselves, by mutinies, sedition, or other no
torious misdemeanors, or having been employed and sent
abroad, by the Governour of Virginia, or his deputy,
with some ship or pinnace, for our provisions of the
said colony, or for some discovery, or other business
and affairs concerning the same, have from thence most
treacherously, either come back again and returned
unto our realm in England, by stealth, or without
licence of our Governour of our said Colony in Vir
ginia, for the time being, or have been sent thither, as
misdoers and offenders ; and that many also of those
persons, after their return from thence, having been
questioned by our said councel here, for such their mis
behaviors and offences, by their insolent and contempt-

THE UNITED STATES OP AMERICA. 83
THIRD AND SEPARATE CHARTER TO THE FIRST COLONY. PART I.
uous carriage in the. presence of our said councel, have Third
showed little respect and reverence, either to the place, jj^™
or authority in which we have placed and appointed to the Lon-
them ; and others, for the colouring of their lewdness March ia,
and misdemeanors, committed in Virginia, have endeav- J^11-12'
ored, by most vile and slanderous reports, made and tempts to
divulged, as well of the country of Virginia, as also ^ePCom?
of the government and estate of the said plantation pany and
and colony, as much as in them lay, to bring the said ° ony-
voyage and plantation into disgrace and contempt ; by
means whereof, not only the adventurers and planters,
already engaged in the said plantation have been ex
ceedingly abused and hindered, and a great number of
otlier our loving and well disposed subjects, otherwise
well affected, and enclined to join and adventure in soDiscourag-
noble, christian, and worthy an action, have been dis-t°fea Jen"
couraged from the same, but also the utter overthrow
and ruin of the said enterprize hath been greatly en
dangered, which cannot miscarry without some dishonor
to us and our kingdom ;
XV. Now, forasmuch as it appeareth to us, that Source of
these insolences, misdemeanors, and abuses, not to be orders.18"
tolerated in any civil government, have for the most
part, grown and proceeded, in regard our said coun
cel have not any direct power and authority, by any
express words in our former letters patents, to correct
and chastise such offenders \ We therefore, for the more Remedial
speedy reformation of so great and enormous abuses Pr0VIBl0n-
and misdemeanors, heretofore practised and committed,
and for the prevention of the like hereafter, do, by
these presents, for us, our heirs, and successors, give
and grant to the said Treasurer and Company, and
their successors, forever ; that it shall and may be law
ful for our said councel for the said First Colony in Power to
Virginia, or any two of them (whereof the said Treas- a^pim"
urer, or his deputy, for .the time being, to be always ish-
one) by warrant under their hands, to send for, or to
cause to be apprehended, all and every such person,

84 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Third and persons, who shall be noted, or accused, or found,
Charter of a^ anv time or times hereafter, to offend or misbehave
James I. to ^
the Lon- themselves, in any the offences before mentioned and
M0arch°i2 expressed; And upon the examination of any such
I6H-12. offender or offenders, and just proof made by oath,
Accused, taken before the said councel, of anv such notorious
how tried, ' ' ^ „ . ,
&c. misdemeanors by them committed, as aforesaid; Ana
also upon any insolent and contemptuous, or indecent
carriage, and misbehavior, to or against our said coun
cel, shewed or used by any such persons, so called, con-
vented, and appearing, before them as aforesaid ; that in
Where to all such cases, they, our said councel, or any two of them,
^e punis - £Qr tjie t-me pgjjjg^ g^aji an(j may have full power and
authority, either here to bind them over with good
sureties for their good behavior, and further therein to
proceed, to all intents and purposes, as it is used, in
other like cases, within our Realm of England ; or else,
at their discretion, to remand and send them back, the
eaid offenders, or any of them,unto the said colony in Vir
ginia, there to be proceeded against and punished, as the
governor, deputy, or eouncel, there, for the time being,
shall think meet ; or otherwise according to such laws
and ordinances, as are and shall be in use there, for the
well ordering and good government of the colony.
The Com- XVI. And for the more effectual advancing of the
establish said plantation* we do further, for us, our heirs, and
Lotteries, successors, of our especial grace and favor, by virtue of
our Prerogative Royal, and by the assent and consent
of the Lords and others of our Privy Councel, give and
grant unto the said Treasurer and Company, full power
and authority, free leave, liberty, and licence, to set
forth, erect, and publish, one or more lottery or lot
teries, to have continuance, and to endure and be held,
for the space of one whole year, next after the opening
of the same ; and after the end and expiration of the
said term, the said lottery or lotteries to continue and
be further kept, during our will and pleasure only, and
not otherwise. And yet nevertheless, we are contented

THE UNITED STATES OF AMERICA. 85
THIRD AND SEPARATE CHARTER TO THE PIRST COLONY. PART I.
and pleased, for the good and welfare of the said plan- Third
tation, that the said Treasurer and Company shall, for james i.
the dispatch and finishing of tlie said lottery or lotte- *° thfLon-
ries, have six months Warning after the said year ended, March 12X
before our will and pleasure shall, for and on that behalf, 16U-12-
be construed, deemed, and adjudged, to be in any wise
altered or determined.
XVII. And our further will and pleasure is, that the Lotteries,
said lottery or lotteries shall and may be opened, and be opened.
held, within our City of London, or in any other City
Or Town, or elsewhere, within this our Realm of Eng
land, with such prizes, articles, conditions, and limita
tions, as to them, the said Treasurer and Company, at
their discretion shall seem convenient.
XVIII. And that it shall and may be lawful, to and May ap-
for the said Treasurer and Company,. to elect and choose, agers of"1"
receivers, auditors, surveyors, commissioners, or any *e Lotte'
other officers, whatsoever, at their will and pleasure, for
the better marshalling, disposing, guiding, and govern
ing of the said lottery and lotteries ; and that it shall
likewise be lawful, to and for the said Treasurer, and
any two of tlie said councel, to minister to all, and
every such person, so elected and chosen for officers, as
aforesaid, one or more oaths, for their good behaviour,
just and true dealing, in and about the said lottery or
lotteries, to the intent and purpose, that hone of our
loving subjects, putting in their names, or otherwise
adventuring in the said general lottery or lotteries,
may be, in any wise, defrauded and deceived of their
said monies, or evil and indirectly dealt withal in their
said adventures.
XIX. And we further grant in manner and form May pub-
aforesaid, that it shall and may be lawful, to and for seemes
the said Treasurer and Company, under the seal of the of their
said councel for the plantation, to publish, or to cause
and procure to be published, by proclamation or other-
. wise (the said proclamation to be made in their name
by virtue of these presents) the said lottery or lotte-

86 THE GOVERNMENTAL HISTORY OP
Part I. Virginia,
Third ries in all cities, towns, boroughs, and other places
James I. within our said Realm of England ; and we will and
to the Lon- cominand all mayors, justices of the peace, sheriffs,
March 12, bailiffs, constables, and other officers and loving sub-
1611-12. jectS} whatsoever, that, in no wise, they hinder or delay
the progress and proceedings of the said lottery or
lotteries, but be therein touching the premises, aiding
and assisting, by all honest, good, and lawful means
and endeavours.
Patents to XX. And further our will and pleasure is, that in all
strued" questions, and doubts, that shall arise, upon any diffi-
beneficial- culty of construction or interpretation of any thing
y* contained in these, or any other our former letters
pattents, the same shall be taken and interpreted, in
most ample and beneficial manner for the said Treas
urer and Company, and their successors, and every
member thereof.
Former XXI. And lastly, we do by these presents, ratify and
Qplfs> confirm unto the said Treasurer and Company, and
firmed. their successors, for ever ; all and all manner of privi
leges, franchises, liberties, immunities, preheminences,
profits, and commodities, whatsoever, granted unto them
in any our former letters pattents, and not in these pres
ents revoked, altered, changed, or abridged; although
express mention of the true yearly value or certainty
of the premises, or any of them, or of any other gift or
grant, by us or any of our progenitors, or predecessors,
to the aforesaid Treasurer and Company heretofore
made, in these presents is not made ; or any statute,
act, ordinance, provision, proclamation, or restraint to
the contrary thereof heretofore made, ordained, or pro
vided, or any other matter, cause, or thing whatsoever,
to the contrary, in any wise, notwithstanding.
In witness whereof, We have caused these our let
ters to be made pattents — Witness ourself, at West-
ning^> minster, the Twelfth day of March in the ninth year of
statutes atour reign of England, France and Ireland; and of Scot-
98*ge— land the five-and-fortieth.*

THE UNITED STATES OF AMERICA. 87
UNDER THE THIRD CHARTER OF JAMES I. PART I.
This charter, in its various provisions, sets forth fully The Third
the causes which prompted its procurement by tho com- (^London
pany, and its publication by the Crown : And I cannot c omp any,
give the reader a better idea of the history and condi
tion of the colony at Jamestown, up to the time it was
issued, than may be gathered from its fourteenth and
fifteenth sections. In many important aspects it re
lieved the embarrassments which had hitherto beset the
company in England, and hindered their operations.
In the mean time, before this charter was issued, an Expedition
expedition had .been dispatched with a full supply of Thomas
stores, and a large number of adventurers, under the D»'^> M*Tt
direction of Sir Thomas Dale, who also bore a commis
sion appointing him Governor of the colony. He
arrived at Jamestown on the tenth day of May, 1611,
and found the colony in such an alarming state of con
fusion and anarchy that he was obliged to proclaim
martial law in order to reduce it to quiet and subordi
nation. He was soon succeeded by Sir Thomas Gates, Expedition
who arrived a second time in the colony, in September Thomas •
of the same year. Sir Thomas Gates came under the ^^j?1"
auspices of the new charter, bringing with him six Charter.
ships, and upwards of three hundred adventurers, with
an ample freight of clothing, merchandize, munitions,
and other stores.
The population of the colony was increased in this
brief interval to the number of seven hundred men.
From this date we observe a more active and efficient
management of the concerns of the company in Lon
don. The addition to the membership of its Chief
Council, of men so illustrious and distinguished, both
for rank and opulence, as those named in the fifth sec
tion of their new charter ; the strength given to their its effects
operations under' the provisions of its ninth and fif-p?anta-
teenth sections ; the enlargement of the grant from the ^e3rjna
Crown under the fourth section, and the more ample
and extraordinary powers and privileges conveyed by it
as a whole, made this company one of the most power-

88 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
ful and influential bodies politic and corporate that had
as yet been created in any country. As such it pos
sessed peculiar and uncommon advantages for the set
tlement of the country conveyed to it. In this respect
we shall observe a vast difference between it and the
tages of Second Colony or the company located at Plymouth.
overFthe B-ere t°° we may mark again the difference between the
Second settlement of New-England, and the planting of the
°ony- "Old Dominion" of Virginia. Hence the origin of
those distinctive characteristics which even now obtain
and render unlike these two sections of our country.
The causes which combined to promote the planting of
the one, and to originate the settlement of the other,
really serve as mile-stones to mark the development
of the true elements of civil and religious freedom
embraced in the Protestantism of the Reformation. The
oath of supremacy, made a condition precedent to emi
gration to Virginia, by the twelfth section of this char
ter, never was, and never could have been made, a con-
Protestant- dition precedent to the • settlement of New-England.
2nginn(jew The Puritan adventurer, while he acknowledged his
and Vir- political allegiance to the Sovereign, disavowed, and dis-
s avowed even to imprisonment, to proscription, to exile,
and to death if need be, the supremacy of the Crown
in matters of religion. Still farther on in the progress
of protestant principles he disavowed also the suprem
acy of the Crown in affairs of State. And to this same
complexion also did Virginia, the noble, the high-born,
the loyal Virginia, come at last, as we shall see here
after. But to return to the colony.
Admmis- Hitherto, according to royal instructions, the lands
tration of were wrought in common, and the proceeds of cultiva-
SirThpmas „.° , ' r , ., , .
Gates, tion, ol labour, and oi commerce, were deposited m
1612-14. .flie public magazines, and thence distributed by the
Cape Merchant chosen for that purpose by the colo
nial council, alike to all as their necessities required.
Sir Thomas Gates tried the experiment of dividing a
portion of the lands into lots of several acres each, and

THE UNITED STATES OF AMERICA. 89

UNDER THE THIRD CHARTER OP JAMES I. PART I.

conveying one of these lots in full right to each family, Under the
or individual. The beneficial effects of this policy was company
at once perceptible in its influence upon the habits and 1612-24.
character of the colonists, and in the rapidity with
which it promoted the growth and improvement of the
entire plantation. Property being thus distributed,
each individual occupying his own portion, and reaping
from it a reward proportioned to his own labours and
exertions, the virtues of industry, sobriety, and fru
gality were cultivated, while personal ambition was
awakened, and individual enterprise encouraged. Sir
Thomas Gates ruled over the colony until the year
1614 when he returned again to England, and the gov- Succession
ernment devolved a second time upon Sir Thomas Thomas
Dale, whose administration of its affairs was efficient, Dale,
judicious, and wholesome.
The effect of dividing the land into portions and al- The com-
lotting them to individuals as their own property, to be BTs{eLP
cultivated and improved for their own benefit, was abandon-
found to be so much more promotive of the interests
of the colony, that the system of labouring in common,
and depositing the products of this labour in the pub
lic stores, for the common benefit, was now entirely
abandoned. The Council of the company, convinced
that this was the surest way of peopling the country,
and encouraging emigration, gave notice that fifty acres The sys-
of land would be given to each person, who emigrated, ian(j dis-
subject nevertheless to the general jurisdiction of the tljlbu'10in
company. The consequence was, that large numbers by the
of adventurers were induced to plant their families, omPany'
and try their fortunes in this new country.
In the year 1615 the colonists undertook the culti- Cultiva-
vation and exportation of tobacco, but the attempt tonobacco.
introduce it into the polished circles in the mother
country, excited the odium of the crown, as well as
the contempt and ridicule of the principal members
of parliament. At length James issued a pamphlet Prohibited
against it, whieh he called a Coimterblast, and the Com- crown.

90 THE GOVERNMENTAL HISTORY OF
Part I. Virginia, /
Under the pany were directed to prohibit the cultivation of it in
Company, *ne cown7- Notwithstanding, it outlived this preju-
1612-24. dice, and the cultivation of it soon revived again. It
afterwards became a profitable article of commerce not
only, but its use also as a beverage, though none the
less odious and disgusting in some of its forms, hag
since been freely adopted in almost all parts of the
world. It formed for many years in Virginia an article
Succession °^ currency, and has always been a staple of trade.
of Sir In 1616 Sir Thomas Dale returned to England, having
Yeardley, previously appointed Sir George Yeardley, deputy gov-
1616, ernor of the colony ; who after a mild and judicious
administration for one year also returned to England,
leaving the plantation under the Presidency of Capt.
Samuel Argall. Argall was a rough, hardy sea-captain,
Succession a man of impetuous enterprise and ability, but of a
Argall brutal, selfish, and domineering disposition. Imitating
1617- the absolutism of his craft he proclaimed martial law,
not because it was necessary, but because it was more
congenial to his overbearing spirit. He ruled the colo
nists with a rigorous and unjust severity. He imposed
arbitrary and oppressive restrictions upon their trade,
interdicted the sports of the forest, and doomed to im
prisonment and even servitude all who refused to attend
the services of the church on Sundays and Holy-days.
The colonists appealed from his arbitrary ordinances
Appeal to to the Crown, and laid their grievances before the com-
the Com- pany and council in England. Whereupon Sir George
Yeardley was commissioned to enquire into the causes
of their complaints, to redress their wrongs, and to act
as governor of the colony.
Commis- This commission was dated the eighteenth day of
Geor* ° Si#N°yeniber, 1618 ; and appointed a council, who, with
Yeardley, the governor, were directed to divide the colony into
cities, boroughs, &c. Sir George arrived in Virginia,
pursuant to this commission, early in the year 1619,
and under his auspicious rule was established the first
regular and efficient political organization in Virginia.

THE UNITED STATES OF AMERICA. 91
UNDER THE THIRD CHARTER OF JAMES I. PART I.
of which we can find any definite record. He laid out Under the
four new corporations ; and summoned the colonists to company,
meet in a General Assembly. But as their plantations 1612-24.
had now become widely scattered, and it was inconven
ient, if not entirely impracticable, for the people gene- First j-egu-
rally to come together at Jamestown, they were author- mai Gov-
ized to appear by delegates chosen by and from among ^™ent>
themselves. As no counties had as yet been formally
laid off, the several plantations were designated asTheAa.
townships or boroughs, and hence the delegates tosembly,
the assembly were called burgesses. Eleven boroughs posed.
were represented in this assembly, which was com
posed of the governor and council and the burgesses.
They all sat together as one House,* and debated and * Beverly.
acted together upon all matters which concerned the.HeDJunS-
general good of the colony.
The acts passed by this assembly were not numerous, proceed-
or of particular importance, except an act dissolving ™sa ^b*he
martial law, which had been established by Capt. Argall.
The principal object of the governor and council in
calling it seems to have been for the two-fold purpose
of a more specific colonial organization, and to soothe
the spirit and allay the ill-temper which had been en
gendered by the administration of Argall. The colo
nists of Virginia now rejoiced, says Marshall, " to find
themselves exercising the noblest functions of English
freemen." This was the first representative assembly ever held
in America, and the earliest instance of the exercise
of legislative functions by the colonists in Virginia.
It forms an interesting and important era in our gov
ernmental history. It gave the people an idea ofpirstdevel-
representation, and a taste for legislative liberty, which ^^°{
could never thereafter be offended with impunity, canism in
Hitherto they had had no voice in the enactment of
their laws, or the administration of their public affairs.
These prerogatives had been exercised either by the
King's council* or by the company in England, or by

92 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Under the a council, or officers of their appointment, in the
Company colony : But the planters of Virginia had reached
1612-24. that period in their own, and in the history of the
mother country, when Protestantism began to disclose
to the world its elements of political as well as religious
freedom. When it had come to be seriously questioned
in the minds of far-seeing and sagacious men, how far
the people were entitled to have a voice in choosing the
rulers and enacting the laws, which they were called
Develop- upon to obey. Many things might, indeed, for a while
Protestant- longer, check the too curious inquiry, and many influ-
jsmm Eng- ences might contribute vet to stifle its freer utterance
land and
Virginia, in the mother country; while here in America, far
removed from the direct disturbances and pains it
might engender, it could safely assume a more tangible
shape. Its development in Virginia, though necessarily
more tardy and less striking than in New England, was
still progressing in an under current, which, though
it hardly rippled the surface, was yet impregnating the
swelling tide of emigration with its elements of polit
ical liberty and its sources of popular power. The
subdivision of their plantations into townships, the
expansion of their resources, and their generally
increasing prosperity, hencefgrth relieved the colonists
from the anxieties and embarrassments which had
attended the infant growth of their settlements. Ex
emption from disease, freedom from exacting labour,
and relief from the earnest necessities of self-preserva
tion, gave them leisure to devote themselves more
carefully to the general 'interests and concerns of a
community in which they now lived as traders, as land
owners, and property holders. Hence they began to
turn their attention to the charter of the company,
and discovering the extent of its prerogatives and the
inaptness of many of its privileges, they emerged from
that quiet and easy state of acquiescence in which they
had hitherto repossd. In their social gatherings, in
their politioal assemblies* and at the sittings of their

THE UNITED STATES OF AMERICA. 93
UNDER THE THIRD CHARTER OF JAMES I. PART I.
courts, there appeared able controversialists and popu- Under the
lar orators, who exposed the injustice of the policy of company,
government adopted by the parent council, and whose 1612-24.
denunciations of the operations of the company were
bold, manly and energetic. The conditions, limitations
and^estrictions imposed by the corporation, to which
they had submitted in their infancy, were now felt as
restraints beyond the measure of which the spirit of
liberty soon swelled itself, until the appeal went forth,
loud and incessant, that to them should be practically
extended, "all and unqualified, the privileges of free
natives and denizens of England." The most essential
of these they considered the right of participating by Tne ri ^
their representatives in the action of the government of rePre-
to which they were subjected. They had grown to a
degree of strength, which commanded the respect of
the company, while the interests of its principal pro
jectors were too much involved in the prosperity of the
colony, to allow tlieir demands to go unheeded.
Hence the action of the home administration, from
this time onward, necessarily becomes a part of our
history, and demands our attention.
, On the twenty-fourth day of July, 1621, was issued
liAn Ordinance and Constitution of the Treasurer and
Company in England for a Council of State and Gen
eral Assembly " in Virginia — as follows :
ORDINANCE OP THE G0MPANY.
I. To all people to Whom these presents shall come, Ordinance
be seen, or heard ; The Treasurer, Councel and Com- n°aiagOy0_ °"
pany of adventurers and planters for the city of lament,
London, for the First Colony of Virginia, send greet
ing : Know ye that we* the said Treasurer, Councel,
and Company ; taking into our careful consideration Declara-
the present state of the said colony of Virginia, and theVin-
intending by the Divine assistance, to settle such a tention.
form of government there, as may be to the greatest
benefit and comfort of the people, and whereby all
injustice, grievances* and oppression may be prevented

94 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Under the and kept off as much as possible, from the said colony;
Company nave thought fit to make our entrance by ordering and-
1612-24. establishing such supreme councels, as may not only
Supreme be assisting to the governor, for the time being, in the
CouncUUt administration of justice, and the executing other
duties to his office belonging, but also by their vigilant
care and prudence, may provide as well for a remedy
of all inconveniences growing from time to time, as
also for advancing of increase, strength, stability, and
prosperity of the said colony. *
II. We, therefore, the said Treasurer, Councel, and
Company, by authority directed to us from his Majesty
under the great seal, upon mature deliberation, do
hereby order and declare, that from henceforward,
Two Su- there shall be Two Supreme Councels in Virginia, for
Colonial the better government of the said colony aforesaid.
CouncUs. ni. The one of which Councels, to be called the
Councel of State (and whose office shall chiefly be,
assisting with their care, advice, and circumspection,
to the said governor), shall be chosen, nominated,
The first, placed and displaced, from time to time, by us, The '
nated. said Treasurer, Councel, and Company, and our suc
cessors : which Councel of State shall consist, for the
present, only of these persons as are here inserted, viz. :
Names of Sir Francis Wyatt, governor of Virginia ; Capt. Francis
West; Sir George Yeardley, Knight ; Sir William
Neuce, Knight, marshall of Virginia; Mr. George
Sandys, treasurer ; Mr. George Thorpe, deputy of the
College ; Capt. Thomas Neuce, deputy for the com
pany; Mr. Powlet, Mr. * Leach; Captain Nathaniel
Powel; Mr. Christopher Davidson, secretary; Dr.
Potts, physician to the company ; Mr. Roger Smith ;
Mr. John Berkley ; Mr. John Rolfe ; Mr. Ralph
Hamer ; Mr. John Pountis ; Mr. Michael Lapworth ;
Mr. Harwood ; Mr. Samuel Macock ; which said Coun-
Their cellors and Councel we earnestly pray and desire, and
duties. in his majesty's name strictly charge and command,
that (all factions, partialities, and sinister respect laid

THE UNITED STATES OF AMERICA.

UNDER THE THIRD CHARTER OF JAMES I. PART I.
aside,) they bend their care and endeavors to assist ^nd«r the
the said governor ; first and principally, in the advance- company,
ment ofthe honor and service of God, and the enlarge- "if-24-
ment of his kingdom against the heathen people ; and 0f 162i.
next, in erecting of the said colony in due obedience christiani-
tt his majesty, and all lawful • authority from his niaj-^^cog-^
esty's directions ; and lastly, in maintaining the said element in
people in justice and christian conversation among {j^™*
themselves, and in strength and ability to withstand state
their enemies. And this councel, to be always, or for ^™e to
the most part, residing about, or near, the governor. , reside.
IV. The other councel, more generally to be called
by the governor, once yearly, and no oftener, but for Second
very extraordinary and important occasions; shall ^n^m_
. consist, for the present, of the said Councel of State, posed, &c.
and of two burgesses out of every town, hundred, or
other particular plantation, to be respectively chosen
by the inhabitants ; which councel shall be called The How desig.
General Assembly, wherein (as also in the said Councel nated.
of State) all matters shall be decided, determined, and
* ordered, by the greater part of the voices then present ;
reserving to the governor always a negative voice.
And this General Assembly shall have free power to powers of
treat, consult, and conclude, as well of all emergent the(^n"
occasions concerning the public weal of the said colony, sembly;
and every part thereof; as also to make, ordain, and
enact such general laws and orders, for the behoof of
the said colony, and the good government thereof, as
shall, from time to time, appear necessary or requisite.
V. Whereas in all other things, we require the said The Gov-
General Asseinbly, as also the said Councel of State, to p™"yof
imitate and follow the policy of the form of govern- England
-i c , ¦ i -T adopted.
ment, laws, customs, and manner of trial, and other
administration of justice, used in the Realm of Eng
land, as near as may be, even as ourselves by his
majesty's letters pattents are required. ratified°by
VI. Provided, that no law or ordinance, made in the the Gene-
¦. <-« , i -i i i n -i . . „ rai Court in
said General Assembly, shall be or continue in force or England.

96 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Under the validity, unless the same shall be solemnly ratified and
Company confirmed in a General Quarter Court of the said
1612-24. company here in England, and so ratified, be returned
to them under our seal ; It being our intent to afford
the like measure also unto the said colony, that after
the government of the .said colony shall once have1
et vice been well framed, and settled accordingly ; which is to
tended"' De done by us, as by authority derived from his
when. majesty; and the same shall have been so by us
declared, no orders of Court afterwards shall bind
the said colony, unless they be ratified in like manner
in the General Assemblies. In witness whereof, we
have hereunto set our common seal the twenty-fourth
day of July, 1621, and in the year of the reign of our
Sovreign Lord, James, King of England, the * *, and
of Scotland, the * * *.

The Com- This Ordinance was enclosed with a commission to Sir
Commis- Francis Wyatt, (the first governor under it) and his
sion to the Council, as follows :
andStete The Treasurer and Company's Commission to Sir
lfia?011' Francis Wyatt, governor, and Councel; which said
councel are to assist the governor in the administration
of justice, to advance Christianity among Indians ; to
erect the colony in obedience to his majesty, and in
maintaining the people in justice and christian con
versation, and strengthening them against enemies.
The said governor, councel, and two burgesses out of
every town* hundred or plantation, to be chosen by
The Gen- tue inhabitants "to make up a General Assembly, who
eral As- are to decide all matters by the greatest number of
y' voices ; but the governor is to have a negative voice,
to have power to make orders and acts necessary,
wherein they are to imitate the policy of the form of
government, laws, customs, manner of trial, and other
To con-
form to the administration of justice used in England, as the com-
Patenuo Pan^ are re(mirecl °y their letters pattent — No law to
the Co. continue or be in force till ratified by a Quarter Court

THE UNITED STATES OF AMERICA. 9T
UNDER THE CHARTER OF JAMES I. PART I.
to be held in England, and returned under seal — After Ratifica-
the- colony is well framed and settled, no order of £aws°by
Quarter Court in England shall bind till ratified by the Co.
the General Assembly : The governor is furthermore
instructed to keep u"p the religion of The Church
of England as near as may be ; to be obedient to the Eeligion
King and do justice after the forms , of the laws of Eng- of the
land; and not to injure "the natives, and to forget old^°hdof
quarrels now buried ; to be industrious, and suppress estab-
. -¦ -i ^ iT , , lished.
drunkenness, gaming and excess in cloaths: JNot to
permit any but the councel and heads of hundreds to RjpM?- of
wear gold in their cloaths, or to wear silk till they whomto
make it themselves ; Not to offend any foreign princes ; be worn-
to punish piracies ; to build fortresses and block-houses
at the mouths of the rivers : To use means to convert To perform
the heathens — viz., to converse with some; each town ^boJ°nary
to teach some children fit for the college intended to
be built :
"After Sir George Yeardley has gathered the pres- Sir George
ent year's crop, he is to deliver to Sir Francis Wyatt, to^urren-
the hundred tenants belonging to governor's place j*^^ _
Yeardley's government to expire the 18th November ment.
next, and then Wyatt to be pubhshed governor; to
swear the councel.
George Sandis appointed treasurer, and he is to put Treasurer
in execution all orders of court about staple commodi- offiCers.er
ties ; to whom is allotted fifteen hundred acres and fifty
tenants. To the Marshall, Sir William Newce, the
same : To the company's deputy, the same. To the
physician five hundred acres and twenty tenants ; and
the same to the secretary.
<" To review the commissions to Sir George Yeard- To review
ley, governor, and the councel, dated 18th Nov. 1618, Comm;s.
for dividing the colony into cities, boroughs, &c, and sions.
to observe all former instructions (a copy whereof was
sent) if they do not contradict the present ; and all
orders of court (made in England.) Son? of
" To make a catalogue of the people in every planta- deaths, &c.
7

98 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
tion, and their conditions; and of deaths, marriages
and christenings. To take care of dead persons' estates
for the right owners ; and keep a list of all cattle, and
cause the secretary to return copies of the premises
once a year.
Cultivation a rp0 f.ake care 0f eTery plantation upon the death of
and care J r r .
of lands, their chief; not to plant above one hundred pounds of
tobacco per head ; to sow great quantities of corn for
their own use, and to support the multitudes to be sent
Manage- yearly ; to inclose land ; to keep cows, swine, poultry,
planta- &e., and particularly kyne, which are not to be killed
tions. yet-
What to " Next to corn, plant mulberry trees and make silk,
p an ' and take care of the Frenchmen and others sent about
that work; to try silk grass, to plant abundance of
vines, and take care of the vignerers sent.
" To put. prentices to trades, and not let them forsake
Of appren- their trades for planting tobacco, or any such useless
tices. ,., •
commodity. " To take care of the Dutch sent to build saw-mills,
and seat them at the falls, that they may bring their
timber by the current of the water. To build water-
mills, and block-houses in every plantation :
Care of " That all contracts in. England or Virginia be per
formed, and the breaches punished according to justice :
Tenants not to be enticed away.
Iron " To take care of those sent about iron works, and-
especially Mr. John Berkeley; that they dont miscarry.
again, this being the greatest hope and expectation of
the colonies.
Manufac- « To make salt, pitch, tar, soap, ashes, &c, so often
recommended, and for which materials had been sent ;
to make ¦ oyl of walnuts, and employ apothecaries in
distilling lees of beer; and searching after minerals,
dyes, gums, and drugs, &c, and send- small quantities
home.
Tobacco. " To make small quantity of tobacco, and that very
good — That the houses appointed for the reception of

THE UNITED STATES OF AMERICA.

UNDER THE THIRD CHARTER OF JAMES I. PART I.
 —  — •  r
new comers, and public storehouses be built, kept clean, Quarterly
&c. ; to send the state of affairs quarterly, and a dupli- Eeturna-
cate next shipping.-
" To take care of Captain William Norton, and cer
tain Italians, sent to set up a glass house.
"A copy of a treatise of- the plantation business, Treatise on
and excellent observances made by a geritleman of b^ness0"
capacity, is sent to lie among the records, and recom- sent to be
mended to the councellors to study. ' J
" Mr. William Clayborne, a surveyor, sent to survey
the planters' lands, and make a map of the country.
Chief officers that have tenants (to be) reprimanded
for taking fees, but require that the clerks have fees set
for passes, warrants, copies of orders, &c.
" The governor and councel to appoint proper times Terms of
for administration of justice ; and provide for the enter- Courts-
tainment of the councel during their session, to be
together one whole month about state affairs, and law
suits ; to record plaints of consequence : To keep a Court Ee.
register of the acts of Quarter Sessions, and send home cords> &o.
copies. " If a governor dies the major part of the councel to on death
choose one of themselves within fourteen days ; but if of Gov_
cmor to ¦*
voices be divided the lieutenant governor shall have fill va'can-
the place ; and next the marshall ; next the treasurer ; cy-
one of the two deputies next.
" The governor and chief officers not to let out their Tenants of
tenants as usual. Ctowmor,
" The governor only to summon the councel, and sign Certain
warrants, and execute or give authority to execute coun- powers
eel orders, except in cases that do belong to the marshall, J^^ in
treasurer, deputies, &c. The governor to have abso-theGo?-
lute authority to determine and punish all neglect, and
contempts of authority, except the councel, who are to
be tried at the Quarter Sessions and censured. The
governor to have but the casting voice in councel or
court, but in the Assembly a negative voice. ^oss°the"
" That care be taken that there be no engrossing, or markets.

100 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
¦  V forestalling the market : All servants to fare alike in
the colony ; and their punishment for any offences is
to serve the colony in public works.
" To see that the Earl Pembroke's thirty thousand
acres be very good — To make discoveries along the
Fisheries, coast, and find a fishery between James River and Cape
Cod. As to raising staple commodities the chief offi-
Staple cers ought to set examples, and to aim at the establish-
Commodi- ment 0f the colony : And lastly, not to let ships stay
Ships and long, and to freight them with walnuts and any less
freight, valuable commodity."
" The Governor to administer an oath to the Council
as follows :
Oath of " You shall swear to be a true and faithful servant
dm Couil*- unto *ne King's, majesty as one of his councel for Vir-
eil. ginia — You shall in all things to be moved, treated,
and debated in that councel concerning Virginia or
.any of the territories of America, between the degrees
of thirty-four, and forty-five from the equinoctial line
northward, or the trades thereof, faithfully and truly
declare your mind and opinion, according to your heart
and conscience ; and shall keep secret all matters com
mitted and revealed to you concerning the same, and
that shall be treated secretly in that councel, or this
councel of Virginia, or the more part of them (until)
publication shall be made thereof. And of all matters
of great importance or difficulty, before you resolve
thereupon, you shall make his majesty's Privy Councel
acquainted therewith and follow their directions there
in : You shall to your uttermost bear faith and alle
giance to the king's majesty, his heirs, and lawful suc
cessors, and shall assist and defend all jurisdictions,
preheminences, and authorities granted unto his maj
esty and annext unto the crown against all foreign
princes, persons, prelates, or potentates whatsoever, be
it by act of parliament or otherwise : And generally,
in all things, you shall do as a faithful and true servant

THE UNITED STATES OF AMERICA. IM,
UNDER THE THIRD CHARTER OF JAMES I. PART I,
and subject ought to do. So help you God and the
Holy contents qf this Book."

I have thus given all the details in the formation of General
the first colonial government fully organized by theremarks"
London Company over their plantations in Virginia.
They are important and interesting, not only as exhib
iting its prominent and peculiar features, but also as
illustrating the elaborate and systematic care with
which the establishment and growth of this colony
was watched and fostered by the Crown and Company
in England. It enables us, too, again to bring into Organism
prorhinent and effective contrast with it, as we shall of Virg™»
* ' compared
hereafter take further frequent occasion to do, the with New
parentage and early organism of New England. I ns
should be unsteady to my purpose, did I not, as they
arise, point out these various exhibitions of character
istic origin, progress, organization, and government.
Here, in Virginia, we have it, the result of full twenty
years of exploration, experiment, expenditure, specu
lation-, and adventure ; while the ablest heads, and the
most opulent and distinguished of men, with hosts of
ready adventurers, had devoted their labours, their
energies, and their resources, to its accomplishment.
There, in New England, it was the work, as it were, of
a single year, wrought out by a mere handful of needy
and persecuted exiles, without the countenance of roy
alty, or the influence of rank, or the contributions of
opulence, or the speculations of commerce, or the
explorations of science. Here, it was in a genial
latitude, upon an exuberant soil, with an abundance
of labour and material for subduing the country, and
bringing its resources into immediate and active con
tribution to their necessities and their protection.
There, it was labour in a wintry climate, on a frozen
and stubborn soil, by the coast of a cheerless ocean, in
a country not easily prospected, and with a fearful lack
of munitions and materials for defence, as well as the

102

THE GOVERNMENTAL HISTORY OP

Part I.

VIRGINIA,

appliances necessary for selfrpreservation. Here it is
that the two pictures have their several and peculiar
points of interest and attraction. Here we trace the
origin, respectively, of those hghts and shades which
mark the completeness of the more perfect forms of a
free government, and free institutions, in which we
now rejoice. There is something profoundly philo
sophical and attractive in the lessons to be learned
from these records of their early and varied expe
riences ; and there is also akin to these something
sublime as well as beautiful, in the harmony which, in
maturer years, accompanied the confluence of their
discordant elements and the blending of tlieir fraternal
lineaments, uniting them in one great national brother
hood of Free States and of Free Men.
The organization of the Colonial Government estab
lished by virtue of the commission and instructions to
The organ- the Governor and Council, was undoubtedly framed
if "d °nth " s0 as to *mitate and follow the policy of government,
Co.'s Con- and other administration of justice, used in England,
of*i62i. as near as may oe" The Governor was supposed to
represent the King, the Council to answer to the Peer
age, and the Burgesses to the House of Commons.
Such • at least is the analogy to the Constitution of
Analogyto England, which is fondly, and I confess not inaptly,
Constifu-Sh traced by her historians. But, nevertheless, in atten
tion, tively perusing the history of her Colonies in America,
we discover far more interesting and important devel
opments of free republican principles, and a more
noble and generous regard for the rights of the indi
vidual man, in their departures from, than in their
assimilations to the constitution and laws of the
mother country. Under a policy of government so
much more favorable to the interests, rights, and lib
erties of the colonists, though in many of its features
arid provisions still objectionable, the prosperity of the
colony was henceforth greatly promoted. The opening
of a more extensive commerce with the mother coun-

THE UNITED STATES OP AMERICA. 103
UNDER THE THIRD CHARTER OF JAMES 1. PART I.
try enlarged the resources of the people, accessions Under the
were made to their numbers by the arrival of newo0ndon
adventurers, additional towns were in consequence 16 12-24.
erected, while the number composing the popular
branch of the General Assembly was also increased.
This extension of their settlements, and the wider dis
persion of the population which necessarily followed
it, rendered the existing administration of justice
inconvenient and almost impracticable, inasmuch as
the judicial powers of the colony were vested exclu
sively in the Governor and Council, who were required origin and
to hold their courts at Jamestown. To obviate these ™*n of
evils, inferior courts were established, whose jurisdic- Courts.
tion embraced a certain district, composed of a conven
ient number of plantations, and whose sessions were
made more frequent.. These were called County or
Monthly Courts, the first of which were held in the
year 1622. They were estabhshed under a Commission
from the Governor, as follows :
"To all to whome these presents shall come, I, Sir The Gov-
Francis Wyatt, Governor and Captain General of Vir- c™rs-g.
ginia, send Greeting, in our Lord God Everlasting : sion estab-
Whereas, for the greater ease of the inhabitants of.£wjjL
diverse parts of this colony, and for the better *con- c°urt,j;
servation of the peace, and due executionfof such laws
and orders as are, or shall be, established for the gov
ernment of the people and inhabitants of the same,
The Governor and Councell have thought fitt, and
accordingly appointed, by an order of Court made on
the  day of  , that there shall be Monthly
.Courts held and kepte in some of the more remote
.plantations thereof, Know ye that according to the said
order, these persons whose names are here inserted,
are for the time being assigned and appoynted to be
the present commissioners of and for the holding and
keeping of Monthly Courts within the corporation
of  :  , and the parts near adjoining, viz., A. B.,
C. D., E. F., <fcc, which said commissioners, or any

104 the governmental history of
Fart I. Virginia,
three of them, whereof A. B. and C. D. shall be
always one, shall have power and authority to hear
and determine all such suits and controversies between
Jurisdic- Party and party as exceed not the value of one hund-
tionpre- fed pounds of tobacco, especially that they take into
scribed aii d -
defined, their care the conservation of the peace, the quiet
government and safety of the people there residing, or
being, and that all orders and proclamations bee kept
and observed ; and according to the same to inflicte a
punishment upon all delinquents either by fine or
Limitation otherwise, (such offences only excepted as concerne
diction, the taking away of- life or member.) Provided always
Right of that it shall be lawful for the plaintiff or defendant in
appea . an^ gu^ before the said commissioners depending, to
appeal to the Court at James Citty, there holden by
Required the Governor and Councel: And they are hereby
to kfi6D S>
record of required, from tyme to tyme, to keep records of all
ceedings" Judgments, orders, and other matters of moment as by
them shall-be concluded aud agreed on. Given at
James Citty, SfC."

Their rela- The relations of the colonists with the Indian tribes
thein-1 ,in Virginia had been established on a friendly basis by
dians, "thg Tsarriage of Sir John Rolfe, a young Englishman,
with Pocahontas, the daughter of Powhattan, in the
Seel. Hen- year 1613. This alliance pleased the Chief, and was
ntef at "highly commended by the Company in England, where
large- the young bride was received and treated with distin
guishing kindness and attention by the King and Queen,
and others of the royal household. She died soon
after her marriage, in London, at the age of twenty-two
years, leaving an only son. This son afterwards came
to Virginia, where he left numerous descendants, who
formed some of the most distinguished families in the
colony. «
On the death of Powhattan his power fell to a Chief
who had already grown envious of the increasing set-
Themassa- dements of the English. Consequently he contrived a
ereof 1622. plan for their extermination, which broke out in a gen-

THE UNITED STATES OF AMERICA. 105
UNDER THE THIRD CHARTER OF JAMES I. PART J.

eral open attack upon their settlements, on the twenty- The Indian
massacre of 1622.

second day of March, 1622. The attack, it is said, wasmis " "'

wholly unexpected, as up to the very day on which it
was made, the Indians had maintained their friendly
relations and continued their trade with the colonists,
manifesting no signs of hostility or disaffection. The
work of death was savage-like and terrible ; and might
have been full and complete, but for the discovery of
the plot by a friendly Indian to a citizen of Jamestown
a few hours before the onset, which enabled the inhabi
tants to prepare for their own defence and notify a few
neighboring towns. Some four hundred men, women,
and children, were mercilessly butchered, and many
houses, and stores of goods, plundered and conflagrated.
But the infuriated revenge of the survivors of this
massacre was quite as perilous, and more fatal to the
native tribes. It was then, as it has been ever since,
and will continue to be until the last representative of
that singularly doomed race is swept off into the waters
of the Pacific, a war of extermination. Here it began Their after
and the Saxon triumphed. Year after year, as he ex- relatI0na-
tended his -settlements, the wandering tribes gathered
themselves, and their warriors and their braves coun
selled and combined together, to stay his progress.
Still he took possession of their territories, appropriated
their fisheries and their cornfields, and made their
abodes the home of his own children. Still the unyield
ing native clung to the soil consecrated by the memo
ries of his youth and the ashes of his fathers, and still
the war of extermination went on. Treaties of peace
and of amity seemed for a while to stay its desolating
activity. Religion, civilization and humanity, each in
turn sought to harmonize the two races, and bring them
into something like a brotherhood of relationship and
association. But the antagonism still remained, deep-
seated, heaven-implanted, and the savage still retreated
upon the advance of the Saxon, westward. He plants
himself by the shores of the Mississippi, but he finds no

106 THE governmental history of
Part I.  Virginia,
rest there. He crosses its turbid waters in his frail
canoe, perchance he may repose in his own wigwam
and smoke his peace-pipe unmolested there; but the
Steam-Boat of the Saxon disgorges its thousands of
pursuers, and drives him westward still. He braces
himself against the rocky mountains, — but hark! a
mysterious rumbling of the earth, a fierce howl in the
air, as if the war-whoop of the Great-Spirit was sum
moning his mightier forces to the conflict, and lo ! the
locomotive, with its thousands of living warriors tells him
that the Saxon is yet on his trail. Pale, horror-strick-
The war- en, panting, he scales the rocky barriers, and descends
tweenthe toward the setting of the sun! But here he gazes
two races, breathlessly upon the same waste of waters which first
brought the Saxon to his view, and sees the same mys
terious craft floating upon its bosom. He can go no
further. He must fight or die. He or his foe, the one
or the other, must be exterminated; and now for the
conflict. At this moment, while I am writing, it is rag
ing on the shores of the Pacific. Raging in all its hor
ror, its cruelty, and its malignity, and — the history of
the past foreshadows its inevitable result.

The earliest full record of the legislation of The
General Assembly of Virginia, which has been preserved
and published, dates in March, 1623. This with a few
other documents which are essential as illustrating the
character of the people, the nature of their laws and
their policy of government, become a part of our his
tory. The several acts passed by the Assembly were
designated by their number, and not by titles and chap
ters, as in more modern times : I transcribe them here
as they are found in the original record, published by
Henning.
Colonial Laws and Orders concluded on by the General Assem-
Actsrf My, March the Sth, 1623-4:
1623-4. i_ That there shall be in every plantation, where the
worship, people use to meete for the worship of God, a house or

THE UNITED STATES OF AMERICA. 10T
under the third charter of james i. Part I.
roome, sequestred for that purpose, and not to be for Colonial
any temporal use whatsoever ; and a place empaled in, A"ts c
sequestered only to the burial of the dead. 1623-4.
2. That whosoever shall absent himselfe from Divine Absence
service any Sunday, without an allowable excuse, shall church.
forfeite a pounde of tobacco, and he that absenteth
himselfe a month shall forfeit 50 lbs. of tobacco.
3. That there be an uniformity in our church, as Act of
neere as may be to the canons in England; both in mformi"
substance and circumstance, and that all persons
yield readie obedience unto them under paine of cen
sure. ,. .
4. That the twenty-second of March be yeerly sol-Observ-
emnized as holliday, and other hollidays (except when Holidays.
they fall two together) betwixt the feast of the Annun
ciation of the blessed Virgin and St. Michael the Arch-
angell, then only the -first to be observed, by reason of
our necessities.
5. That no minister be absent from his church above Non-resi-
two months in all the yeare upon penalty of forfeiting denoe-
halfe his means ; and: whosoever shall absent himself
above foure months in the year shall forfeit his whole
means and cure.
6. That whosoever shall disparage a minister without Disparag- "
bringing sufficient proofe to justify his reports, whereby ^fs. ""*"
the mindes of his parishioners may be alienated from
him, and his ministry prove less effectual by their pre
judication, shall not only pay 500 lb. waight of tobacco,
but also aske the minister so wronged forgiveness pub
lickly in the congregation.
7. That no man dispose of any of his tobacco before Pay of
the minister be satisfied, upon pain of forfeiture double ims er *
his part of the minister's means, and one man of every
plantation to collect his means out of the first and best
tobacco and corn.
8. That the Governor shall hot lay any taxes or Taxes.
ympositions upon the colony, their lands or commodi
ties, other way than by the. authority of the General

108 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Colonial Assembly to be levyed and ymployed as the said Asserru
Acts bly shall appoynt.
1623-1. g, fhe governor shall not withdraw the inhabitants
from their private labours to any service of his own
upon any colour whatsoever ; and in case the publick
Military service require ymployments of many hands before the
serviceher holding a general assemblie to give order for the same,
in that case the levying of men shall be done by order
of the governor and whole body of the counsell ; and
that in such sorte as to be least burthensome to the
people and most free from partiality.
Certain 10; That all the old planters that were here before,
exempt or came in the last eoming of Sir Thomas Gates, they
from. and their posterity shall be exempted from their per
sonal service to the wars, and any pubhc charge
{church duties excepted) that belong particularly to
their persons (not exempting their families) except
such as shall be ymployed to command in chief.
Burgesses 11. That no burgesses of the general assembly shall
arrest'081 be arrested during the time of the assembly, a week
before and a week after, upon pain of the creditor's for
feiture of his debt and such punishment upon the officer
as the court shall award.
Mohthly 12. That there shall be courts kept once a month in
the corporations of Charles Citty and Elizabeth Citty,
Jurisdic- for the deciding of suits and controversies not exceed-
tion o . jng tne Taiue 0f one ilun(ired pounds of tobacco, and
Judges of. for punishing of petty offences. That the commanders
of the places, and such others as the .Governor and
Counsell shall appoint by commission, shall be the
judges, with reservation of appeal after sentence, to
Appeal the Governor and Counsell; And whosoever shall
appeal yf he be there cast in suit shall pay duble dam
ages : The commanders to be of the quorum, and sen
tence to be given by the major parties.
Survey of 13. That every private planter's devident shall be
surveyed and laid out in several, and the bounds
recorded by the survey ; if there be any petty differ-

THE UNITED STATES OF AMERICA. 109
UNDER THE THIRD CHARTER OF JAMES I. PART I.
ences betwixt neighbours about their devidents, to be Colonial
divided by the surveyor ; if of much importance to be Acts of
referred to the governor and councel : The surveyor 1623-4-
to have 10 lbs of tobacco upon every hundred acres.
14. For the encouragement of men to plant store of Price of
Corne, the price shall not be stinted, but it shall becorn"
free for every man to sell it as deere as he can.
15. That there shall be in every parish a publick Public
garnery unto which there shall be contributed for every
planter exceeding the adge of eighteen years, alive at
the crop, after he hath been here a year, a bushel of
corne ; the which shall be disposed for the publick uses
of every parish by the major part of the freemen ; the
remainder yearly to be taken out by the owners at St.
Tho's his day, and the new bushell to be putt in the
roome. 16. That three sufficient men of every parish shall Overseers
be sworn to see that every man shall plant and tend pian°Sg,
suflicient of corne for his family. Those men that
have neglected so to do are to be by the said three men
presented to be censured by the governor and councel.
17. That all trade for corne with the salvages, as Trade with
well public as private, after June next shall be prohib-*ng Indl"
ited. 18. That every freeman shall fence in a quarter of Gardens.
an acre of ground before Whitsuntide next, to make a
garden for planting of vines, herbs, roots, &c, sub
poena ten pounds of tobacco a man ; but that no man
for his own family shall be tyed to above au acre of
land, and that whosoever hath fenced a garden and
(* ) of the land shall be paid for it by the .* Defaced
v J ,11 n ln tne onS"
owner of the soyle; they shall also plant mulberry inaL—
trees. " Hennlng-
19. The proclamations fox swearing and drunken- Swearing
r , , , anddrunk-
hess, set out by the governor and councel, are con- enness.
firmed by this Assembly ; and it is further ordered that
the churchwardens shall be sworne to present them to
the commanders of every plantation, and that the

110 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Colonial forfeitures shall be collected by them for publique
Public j r i
Acts of uses. ¦
1623-4. 20. That a proclamation be read aboard every ship,
Shipping, and afterwards fixed to the maste of such, — prohibiting
them to break boulke or make private sales of any com-
* Blank in modity until ( * * * ) James Citty, without spe-
t e recor . c^ or(jer from fae governor and councell.
Tobacco 21. That the proclamation for the rates of commodi-
'" "1't ''"'"'' ties be still in force, and that there be some men in
every plantation to censure tobacco.
Weights 22. That there be no weights nor measures used but
and meas- gucn ag guaj| ke geaie,j Dy officers appointed for that
purpose.
Protection 23. That every dwelling house shall be palisaded in
Indians' &^0T defence against the Indians.
24. That no man go or send abroad without a suffi
cient partie well armed.
25. That men go not to worke in the ground without
their arms (and a centinell upon them.)
26. That the inhabitants go not aboard ships, or upon
any other occasions, in such numbers, as thereby to
weaken and endanger the plantations.
Powder 27. That the commander of every plantation take
and arms. care ^^ there be sufficient of powder and ammunition
within the plantation under his command, and their
pieces fixed, and their arms complete.
28. That there be due watch kept by night.
29. That no commander of any plantation do either
himselfe, or suffer others to spend powder unnecessa
rily in drinking or entertainments, &c.
Offences 30. That such persons of quality as shall be found
bf persvtns delinquent in their duties, being not fitt to uiidergoe
corporal punishment, may notwithstanding be impris
oned at the discretion of the commander; and for
greater offences to be subject a fine inflicted by the
monthlie court, so that it exceed not the value afore
said. 31. That every man that hath not contributed to the

THE UNITED STATES OF AMERICA. Ill
m UNDER THE THIRD CHARTER OF JAMES I. PART I-
finding a man at the castell shall pay for himself and Colonial
servants five pounds of tobacco a head towards the dis- Acts of
charge of such as had their servants there. 1623-4.
32. That at the beginning of July next the inhabit- Destroy
ants of every corporation shall fall upon their adjoin- savages."16
ing salvages as we did last yeare, those that shall be
hurte upon service to be cured at the publique charge :
And in case any be lamed to be maintained by the
country according to his person and quality.
33. That for defraying of such publique debts our Public
troubles have brought upon us, there shall be levied 10 ebts"
pounds of tobacco upon every inale head above sixteen
years of adge now living (not including such as arrived
since the beginning, of July last.)
34. That no person within this colony upon the Obedience
rumor or supposed change and alteration, presume to m^611"
be disobedient to the present government, nor servants
to their private officers, masters, or overseers, at their
uttermost perills.
-35. That Mr. John Pountis, counsellor of state, Commis-
going to England, (being willing hy our entreatie to England!
accept of that employment) to solicite the general
cause of the country to his majesty and the counsel ;
towards the charges of the voyage the country consent
to pay, for every male head above sixteen years of adge
then living, which have been here a yeere, ffour pounds
of the best merchantable tobacco in leafe, at or before
the last of October next."
There is an allusion made in these Acts to " The Command
Commander of Plantations." This was an office appoint- plac
ed under a commission, issued by •the Governor of tions.
Virginia to the person to be appointed to the office,
which recited that, " Whereas the affairs of this colony
do necessarily require that men of sufficiency and ex
perience be appointed to command and governe the sev
eral plantations and inhabitants within the same ; both
for the better order of government in the conservation
of the place, and in the execution of such orders and

112 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Colonial directions as from tyme to tyme shall be directed unto
Acts of them, as alsoe for the preventinge and avoyding of such
1623-4. mischiefes as may happen unto us by the intrusions and
practices of the Indians, our irreconcileable enemies,
Now know ye that I (the governor) out of the good
opinion I do conceive of the discretion, care and cir
cumspection of (A. B.,) do by these presents, with the
consent of the councel of state, constitute and appoint
him the said (A. B.,) to be the Principal Commander
Precincts, of and for the plantations witliin the precincts of
(naming the particular plantations) — Giving, and by
these presents granting, unto him full power and
Powers authority to do, execute, and performe all such matters
and duties. an(j ftjjngg as are incident and ' appertayning to the
place and office of commander there. Willing and
requiring him, the said (A. B.,) to see that all such
orders as heretofore have been, or hereafter shall be,
given by the governor and councel, bee duly executed
and observed. Hereby also chardging all persons
Obedience residing and being, or which shall hereafter reside or
command- foee yritlun the same, to yield due respecte and obedi
ence unto him, or in all things which unto him, or
them, respectively do belong or appertain — In witness
whereof, &c."

Legislation These records give us a pretty just and correct idea
onyhgener-°f tne condition of the colony of Virginia, and the
au.v- frame of government under which it was estabhshed at
this early period ; and form the basis of its whole sub
sequent political existence. From the scattered and
sparse fragments of records which have been preserved,
from this date down to the year 1629, it would seem
that its legislature, during the interval, was mostly
occupied in re-enacting the Acts of Uniformity passed
by parliament ; or otherwise imitating the Church of
England, by adopting and promoting its canons, its dis
cipline and service ; in enforcing attendance at church
on the sabbath, and the observance of holi-days, and

THE UNITED STATES OP AMERICA. 113
UNDER THE THIRD CHARTER OF JAMES I. PART I.
other religious services, appointed by the church or colo
nial authorities ; or in directing such defensive opera
tions as were necessary to protect them from the Indians.* * Henning,
It has been well said that the character of a people ° " "
may be known from their laws, yet the imperfect records
of mere municipal legislation do not always furnish the
fullest or the best evidence of the actual political life
of the early colonies in America, or of their relations
with the parent state.
The action of the government of the colony quite
as frequently manifested itself in the shape of procla
mations addressed to the people, and instructions given
to its various officers, directed to be issued by the
governor and council, which also assumed the force
of .laws. These may have served the purpose for
which they were intended without ever having been
engrossed, or filed in the archives of state. Besides
this, their political existence was necessarily progres
sive, and at times too rapidly changeful, to wait the
slow and tedious process of periodical legislative enact
ments. Hence they were at all times in a condition more
or less transitionary. It was impossible that the settle
ments planted in Virginia should grow and still remain
unaffected by the leaven of human progress generated
by the protestantism of the reformation, which, under
the name of Puritanism, was now more actively agita- Puritanism
ting the parent state in all its relations, whether polit-m1j1^nd
ical, social, or ecclesiastical. The increasing number ginia.
of emigrants to Virginia increased the number of her
towns, and these added year by year to the number of
representatives in her General Assembly. Thus that
body was brought more under the influence of the
popular will, while its more earnest deliberations led
to a still further illustration of the objectionable
features inherent in the policy of their charter govern
ment ; and also emboldened them more freely to assert
their rights, as well as to oppose any infringement of
what they called their liberties, by the company.
8

114 THE GOVERNMENTAL HISTORY OP
"Part I. Virginia,
It will be observed, by a reference to the sixth
section of the order of the company and council in
London, instituting a Council of State and General
Negative Assembly in the colony, and the commission to Gov.
Court of Wyatt, that it was declared to be the company's
the Co. on intention — "after the government of the said colony
Colonial 1,1 .1 i
Laws. was well framed and settled, to provide that no order
of Quarter Court in England should bind the colonists
until ratified by their own General Assembly in the
colony." The non-fulfillment of this assurance was a
source of dissatisfaction with the rulers as well as the
people. The colonial government accordingly made
and enforced its laws, and regulated all local
affairs, without waiting for a ratification of their ordi
nances or enactments by the Great and General
Court of the company in England. James and his
ministers looked with jealousy and apprehension upon
these symptoms of increasing strength and independ
ence. The meetings of the company and council in
Puritanism London had also become scenes of political discussion,
and vL>nd wliere the advocates of protestant freedom and the
ginia. defenders of the royal and church prerogatives were
frequently at issue. Attempts were made to check the
latitude of these debates in both branches of the cor
poration, and to bring them back again to their original
state of subjection by a change of officers. Whatever
may have been the result of this interference under
the immediate eye of the crown, it had the effect in
Virginia to link the colonists more firmly to each
other. Finding his efforts to stifle the growth of lib
eral opinions unavailing, James at length had recourse
to his royal prerogative. In its unjust and arbitrary
exercise, he issued a proclamation appointing commis
sioners to enquire into all the transactions of The
London Company from its first organization, The
of the" 10 result of this investigation, agreeably with the design
London with which it was directed, was made the pretext for
1624. ' revoking the charter of the company. The conse-

THE UNITED STATES OP AMERICA. 115
^  — ¦  r . ¦;. 
DISSOLUTION OF THE FIRST COLONY BT JAMES 1. PART I.
quence was a dissolution of its incorporation, and an Revocation
escheat to the sovereign of all the lands, privileges, pj^t to
immunities, and powers, which its patent had con- the Lon-
ferred. Never was there a more arbitrary display of pany,i624.
kingly power, and never a more ill-timed and unfortu
nate exercise of it. Its injustice reached far into the
ramified business, and the social and religious relations
of the people, and fell with a crushing weight upon Its effect in
many who might, but for this, have been devoted ngan *
defenders and supporters of the royal prerogatives. It
increased the agitations it aimed to terminate, opened
a surer way for the progress of puritanical sentiments,
and shortened by many years the duration of the
crown's supremacy.
Although the existence and management of the Its effect in
company, as its directorship was constituted mVlrgmia-
England, had not been greatly favorable to the rapid
advancement of the colony in Virginia : Although its
government over the settlers had been in its spirit, and
in many of its enactments, rigorous and arbitrary, and
had tended rather to their oppression, still its dissolu
tion was in a measure regretted. It was more easy of
resistance, and, as we have seen, had been practically
deprived of much of its authority ; or awed from the
exercise of its most odious powers, by the ready and
indignant resistance of the burgesses to any unwarrant
able infringement of their local colonial rights and
interests. But the entire prostration of the corpora
tion, and the assumption of direct and absolute control
over the colony by the crown, seemed at first a fatal
blow to many of the institutions of government and
association which had grown up among the people of
Virginia. Yet it is interesting to observe at this point
in their history, how in the natural course of things
the political elements of freedom were here developed
and grew. While but a handful of feeble adventurers,
the planters in America readily yielded to the control
of a company of which they were nominally members,

116 THE GOVERNMENTAL HISTORY OF
Part I. Virginia.
Commis- and on whose supplies and protection their very
y;"e^siafor existence depended. But as they advanced in num-
appointed bers, in strength, and in the resources of self-depend-
ames • ence^ ^ney repudiated its powers, or virtually disre
garded its instructions and ordinances. At this crisis
the crown steps in to claim its prerogatives of domain
and sovereignty. But they had developed principles
of organization, and founded institutions of govern
ment among themselves, which were essentially hostile
to those prerogatives, and against which it was hazard
ous for the crown openly to war.
The dissolution of the company, however, produced
no immediate or material change in the government or
legislation of the colonists. James by a special com
mission appointed a council similar to that which was
created under the third charter to the company,
ealled The King's Council for Virginia. This council
consisted of twelve persons, who were appointed to
take direction of the affairs of the company in the
colony, until such time as the crown could find
leisure to frame an appropriate and permanent code
for its government. These commissioners attempted
to procure from the General Assembly of Virginia
an address to the King acknowledging their acquies
cence in the revocation of the patent to the London
H?w'c" company. But they refused to do anything more
the Colo- than to express their satisfaction that his majesty had
n,8ts- taken the concerns of the colony urider his special
care ; while they entreated that he " would graciously
continue to them their present form of government,
and would also permit their governor and assembly to
direct the operations of such military forces as might
be placed among them."
We need not stay to speculate upon the probable
consequences which might have resulted to the colo-
Death of nists from the ordinances which James' wisdom and
1625°.S ' sagacity might have seen fit to devise. Death, the
haughty leveller of all human projects and aspirations,

THE UNITED STATES OP AMERICA. 117

UPON THE ACCESSION OF CHARLES I. PART I.

withdrew him from this scene of life. Yet it is neither
idle nor unprofitable speculation, to note the clianges
which were consequent upon the interruption of his
plans. The transfer of the powers and position of
sovereignty, even under the ordinary aud peaceful
process of legitimate succession, has often changed the
aspect, or been decisive of the fate, of kingdoms and
of empires. To an empire like Great Britain, at a Effect of
period in her history so fruitful of adventure; so rife*fjaing*T
with intelligent enterprise ; so agitated by religious
enthusiasm ; so pregnant with the freedom of opinion
and freedom of discussion generated in the church
and in the state, in parliament and among the people,
by the protestantism of the reformation, such a change
was signally momentous and eventful. James I. had
been a sovereign over Scotland for forty-nine years,
twenty-one of which had included the more magnifi
cent empire -of the United Kingdoms of England and
Wales, France and Ireland. To this he had added the
foundation of a new empire in America, which was of
itself well worthy the most careful consideration of the
crown. The one in the old world, and the other
in the new, the future of both was henceforth to be
coloured and shaped by the experience, the character,.
and the capacity of his successor. But for the fortu
nate results' to mankind which we now know, would it
not seem strange that in the economy of the all-seeing The succes-
God such a splendid heritage of power should have ^!°n °f
fallen to a prince so inexperienced, so arrogant, and so 1625. '
prodigal, as his son and successor ?
Charles I. ascended the throne at the early age of
twenty-five years. He had been educated to entertain
high notions of the royal prerogatives, and " though he
was virtuous in his domestic and private life, in relation
to his kingdom, he disregarded justice and the rights of
the people, as much as if he had been wicked and tyran
nical."* He adopted the maxims of his father, not only * Bissett's
in relation to his home administration, but also with England.

118 THE GOVERNMENTAL HISTORY OF
Part I. Virginia.
After the reference to the colonies in America. Instead of re-
dissolution j. ., ., , .
ofthe Lon- garding them as in any sense the creatures or property
don Com- 0f the London or Plymouth companies, he declared that
pany. J - r
they were a part of the empire annexed to his crown,
and subject to his sole will and sovereign control. The
Colonial council appointed by James I. with Sir George Yeardley
Charles I as governor, and a secretary, were appointed to super
intend and direct the affairs of the American colonies,
conforming themselves to whatever instructions they
should from time to time receive from the crown.
They were also directed to take the property of the
late London company and apply it to general use.
It was not a part of the provisions directed by Charles,
nor was it his intention, to continue the general assem
bly as already constituted, or to allow the people to
participate in the government or legislation of the
colony. All municipal powers were vested exclusively
in the president and council. It was further a part
of his system that offenders should be transported to
England, to be tried and punished for crimes charged
against them, or committed in the colony. The op
pressive nature of these provisions was not felt dur
ing the mild and liberal administration of governor
. Yeardley ; nor can I find any warrant in the colonial
records for saying that they were generally enforced
by the crown or council. There seems to have been,
in fact, no interruption of the regular meetings of
the general assembly, and, from aught that appears,
they were conducted under the same form, and in the
same manner, as during the existence of the London
company's dominion and charter.
Governor Upon the death of Sir George Yeardley the colo-
succeeded nial government passed into the hands of Sir John
JohnP tt P°tt> un(ler whose administration there was a regu-
1629. 'lar session of the general assembly in October,
Assembi 1629' of wllicn the Durgesses formed a part. There
of the were twenty-three boroughs or plantations represented
0 ony' in this assembly ; some of them sending two, some

THE UNITED STATES OF AMERICA. 119
UPON THE ACCESSION OF CHARLES I. PART I. "
four, and some as many as six representatives ; while After the
" for the Easterne Shore noe burgesses did appear."* ^ton-
It seems to have been left to the option, or discretion, don Com-
of each plantation to decide, from time to time, upon pauy"
the number to be sent. The oaths of supremacy and
allegiance were administered to "the governor andning.a"
council, and then to all of the burgesses. This was Statutes
j- ,, -i at Large.
done generally at each session ot the general as
sembly during the reign of Charles I. The legislative
acts of this session were but few and related almost
entirely to their aggressive conflicts with the Indians.
The several commanders of plantations were ordered
" to levy a partie of men out of the inhabitants of that
place, so many as may well be spared without too much
weakening of the plantations, and to imploy those men Legislation
against the Indians when they shall assault us neere ^^"0?
unto our habitations, or when they in their discretion Oct. 1629.
shall deeme it convenient to cleare the woods and the
parts neere adjoining when the Indians shall be a hunt
ing, or when they have any certain knowledge of the
Indians abroad in those places." Three several expe
ditions were planned for this purpose. It being ques
tioned also in this assembly, whether " new-comers shall
be restrained from planting tobacco the first year and
they to be exempted from all taxes and marches for
that year. The major part would have no restraint
made to new-comers." The planting of tobacco was
generally " limited this year to so many pounds a head
or per poll, to be increased by permission from the
governor at his discretion." The burgesses were em
powered to enforce the collection of taxes by distress
and sale, and to be fined by the governor in case of
their neglect to do so. Provision was also made for the
erection of fortifications, and the repairing of churches.
The most remarkable proceeding in the colony at
about this time was the trial of his excellency, Sir
John Pott, M. D., for stealing. Sir John Harvey had
succeeded him in the office of governor, and from* the

120 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
After the minutes of the judicial proceedings of the governor
of theULon- and. council, dated July ninth, 1630, it seems that " Dr.
don Com- John Pott, late governor, indicted, arrained and found
! guilty of stealing cattle ; 13 jurors 3 whereof councel
lors, — this day wholly spent in pleading; next day,
in unnecessary disputation : Pott endeavouring to
prove Mr. Kingswell (one of the witnesses against him)
an hypocrite, by a story of Gusman of Alfrach the
rogue. In regard to his quality and practice judgment
*l.Hen- respited till the King's pleasure known; and all the
nins- councel became his security."*
There was evidently something reformatory in the
aspect of chief administration of the colony after it came under
*ei Ad°" ^ie immediate supervision of the crown, as well as in
ministra- the submission of the colonists to its arbitrary exer
cise of power. The governors assumed more the posi
tion and prerogatives of royalty than they did, or pro
bably dared to, when they received their commissions
from the London company ; while the people seemed
more in awe of the King's vicegerent than they for
merly were of the company's agent. This may be at-
* tributed in part to 'the more splendid appliances, the
provisions for residence, and regalia of office which
were the accompaniments of the royal gubernatorial
commissions. And the like exhibition of lordly pre
eminence may be discovered in the members of the
council from the simple record of proceedings in the
trial of Sir John Pott. Out of respect to his quality
they ventured not to punish him " without knowing the
King's pleasure, and all the council became his secu
rity."
Virginia ^ie *"ac* *s' an<^ ** ls important to be observed, Vir-
becomesa ginia from a subordinate trading establishment had
Colony, become a royal colony. Springing into being under
the auspices of a company whose operations had refer
ence to a country newly discovered, not yet explored,
and whose riches and extent were not even dreamed
of, it was at first brought under a charter whose pro-

THE UNITED STATES OF AMERICA. 121
DURING THE REIGN OF CHARLES I. PART I.
visions were mostly applicable to a mere commercial Virginia a
adventure. A further knowledge of the territory lying ^1
along its coast, and the Islands in its interior and adja
cent waters, prompted more liberal and extensive pro
visions for its settlement under a second and separate
charter to the proprietors of the company. The still
more astounding development of its capacities, its
bays, its rivers, its soil, its population and productions,
which followed this charter, made it an object of more
enlarged enterprise and ambition, and secured for it a
proprietary government under a third charter, ac
companied with all the paraphernalia and the applian
ces of an effective political organization. Having ac
complished the purposes of commercial enterprise and
political adventure, and made its vast regions capable
of becoming permanently tributary to the revenues of
a crown and the glory of a mighty empire, it be
comes the acknowledged offspring, and is made the
special care of royalty.
Being thus made a royal colony, her chief officers The royal-
assumed all the pomp, the circumstance and the insig-adminis^
nia of royalty. The salary of the governor was fixed trati°n-
by an allowance from the crown. He was provided
with a body of attendants consisting of "five or six
sufficient men," who were maintained "on purpose" to
wait on his person, and to do his bidding. The mem
bers of the state council, also, receiving tlieir "commis
sions directly from the crown, and feeling that they
were but another peerage, adopted a loftier bearing,
and a more sumptuous style of living; while the bur
gesses were not unaffected by a like pride of place and
association. Hence the colony of Virginia early be-Hermon-
came, in its essential characteristics and appliances of features
government, a miniature exhibition of the monarchical
elements in the constitution of the mother country.
Year after year she avowed by her acts the supremacy
of the crown, recognized the authority of the estab
lished church, and submitted to the jurisdiction of parlia-

122 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Virginia a ment, shadowing forth no principles which would prob-
ny,yi625 ably have led to a separation from the parent state,
to 1651. na(j s]ie never been affected by the spirit which planted
and reared the northern or New England colonies.
The latter " within a few years of their plantation mani
fested the same spirit, and vindicated the same rights,
which a century and a half afterwards produced a refu-
*Bissett's sai 0f British taxation, and independence on the British
England, r
vol. l. crown. "*
The eon- There was one feature, however, in the organization
etemenTin °f tne government in Virginia, which kept it near to
her poiiti- the people and always conserved their rights and free-
ism.°rg °" dom. That was, the representative branch of her gen
eral assembly, wliich was now too well established as
an organic element of administration ever to be dis
turbed with impunity. Indeed the guarantee of her
future freedom consisted mainly in the fact that she
regarded her general assembly as her parliament, and
the powers which parliament claimed to exercise in
England she claimed to exercise through her legisla
ture in the colony.
Re-district- In the year 1634 the whole colony was distributed
Colony4 e on° mto eight shires, " to be governed as the Shires in
1634. England." The names of the shires were, James-Citty,
Henrico, Char les- Citty, Elizabeth- Citty, Warwick- River,
Warrosquoyke, Charles-River, and Accomack:
Lieutenants were appointed in each shire the same
" as in England, and in a more special manner to take
"care ofthe war with the Indians: And as in England,
"shireiffs shall be elected to have the same power as
" there ; and sergeants, and bailiffs, where need requires.
" Commissioners, instead of <£5 causes, may determine
Shire or « £±Q causes: And one of the council to have notice
Courts. " and assist in each court of shire."
Sir John Sir John Harvey, at this time the royal governor of
Governor. "Virginia, was a man of a rapacious and tyrannical
spirit, who ruled over the colony with the overbearing
" insolence of office ; " and in the oppressive exercise of

THE UNITED STATES OP AMERICA. 123
DURING THE REIGN OF CHARLES I. PART I.
his princely prerogatives of power. He invaded the Virginia a
right of property and embarrassed the trade of the colony n°y l625 °
by arbitrary restrictions imposed in the shape of procla-to 1651-
mations. For several years, out of respect to his com- k^tton!11"
mission, they submitted to his administration ; but their
loyalty being taxed beyond the limit of endurance he
was at length "thrust out of his government." "On Deposed
the petition of many inhabitants, an assembly was16p3rg '
called to meet on the seventh of May " following, " to
receive complaints against him." The result was that
he was convicted of mal-administration, sent a prisoner
to England ; and " Capt. John West was appointed to Capt. John
act as governor until the King's pleasure be known." G0eTSermor.e
So summary and independent a method of redressing
their grievances, was revolting to Charles' ideas of the
homage and submission which were due from his sub
jects. He regarded it as a dangerous act of rebellion, Sir John
and Sir John Harvey was sent back to resume hisin*^tee^^
administration, with powers less limited and enlarged the King.
prerogatives. We are now approaching a period in the history of
the mother country when the more active development
of the political elements of freedom embraced in the
protestantism of the reformation, interested and agita- progress
ted all classes and conditions of men. The more zeal- of Jrot?st"
antism m
ous of the Puritans had planted a colony on the inclem- England.
ent shores of New England, which had become at once
a permanent and flourishing settlement, while their
sentiments were attracting the attention of aspirants
after power and preferment, both in the church and
state at home. I shall have occasion more fully to
refer to this condition of things in the parent kingdom,
when I come to the Second Part of this work. Suffice See Part
it here to say, that the strifes it originated enhanced "
the domestic troubles which now seemed to be gather
ing around Charles L, leaving him but little leisure toUp0n^ehCe
interest himself in the administration of affairs either colonial
in Virginia or New England. It made him also appre-the Cro\ .

124 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Virginia a hensive lest the grievances complained of in America
°Ji62o "might reach the ear of parliament and the nation, and
to 1651. thus increase the discontent and hostility which his
home-administration had already generated. He ac
cordingly adopted a more lenient policy, and appointed
Sir Wil- Sir William Berkeley, a man of superior worth and
leTappoiiii- endowments, of mild and engaging manners, governor
ted Gov- of Virginia. The new governor was directed to pro-
crnor 1640.' claim that in all its concerns the colony should be gov
erned according to the laws of England. He was also
-authorized to continue the general assembly, and to
erect and establish courts of justice where not already
established, or wherever needed or 'desired. His com
mission was simply a confirmation of the existing organi
zation of the colonial government.
Attempt It had been usual for the colony of Virginia, from
London tue time of the dissolution of the London company,
Co. to re- to have an agent resident in London, near the royal
vive its . . , _
Charter, court, to represent its interests and look after its com-
1642. mercial as well as its diplomatic affairs. An effort was
made at this period, by the proprietors of the late
company, through the medium of this agency, to revive
the charters of James I. and restore the colony of Vir
ginia to the proprietorship of the first corporation.
This drew from the grand assembly of the colony a
very interesting and important document in the shape
of a remonstrance, which was sent to the crown, and
here becomes a material part of our governmental his-
Remon- tory. I set it forth entire ; it was entitled —
against the " ^ie Declaration against the company, to be entered
London as the Twenty-First Act.
^ompany, f(rj,o ^ christian people to whom these presents shall
come to be read, heard, or understood. We, the gov
ernor, council and burgesses of the grand assembly in
Virginia, send greeting; in our Lord God everlasting:
Preamble. Whereas George Sandis, Esq., being appointed agent
for the colony by an assembly 1639, hath exhibited a
petition, in the name of the adventurers and planters

THE UNITE* STATES OF AMERICA. 125
DURING THE REIGN CF CHARLES I. PART I.
in Virginia, to the Honorable House of Commons in Virginia a,
parliament in England, for the restoring of the letters ny>)i62a°'
pattents of incorporation to the late Treasurer and Com- t0 1651-
pany — mistaking his advice and instructions from the gt™"'
said assembly ; for his so doing it being neither the fa-, i<>42.
meaning nor intent of the said assembly, or inhabitants
here, for to give way for the introducing of the said
oompany, or any other. To which intent and pur
pose this grand assembly, having fully debated and
maturely considered the reasons on both sides, as well
arguing for, as against, a company ; and looking back
into the condition of the times under the company, as
also upon the present state of the colony under his
majesty's government, they find the late company in
their government intolerable, the present comparatively
happy, and that the old corporation cannot with any Its restora-
possibility be again introduced without absolute ruin J™ to'the
and dissolution to the colony for these reasons follow- colony.
ing, viz:
" First. The intolerable calamity of the colony we
find proved by many illegal proceedings, and barbarous
torments inflicted upon divers of his majesty's subjects,
in the time of the said company's government; all
which appear per depositions taken at a grand assembly
Anno 1632, and is known to divers now living in the
colony. " Also we find the whole trade of the colony, to the Oppress-
general grievance and complaint of the inhabitants, c"™futlie
then and now, appearing to us monopolized by the said
company, insomuch that upon the going home of any
person for his country it was not free for him to carry
with him the fruits of his labour for his own comfort
and relief, but was forced to bring it to the magazine
of the company, and there to exchange it for useless
and unprofitable wares.
2dly. The present happiness is exemplified to us by j^™ „"f
tlie freedom of yearly assemblies, warranted unto us their reia-
by his majesty's gracious instructions, and the legal the'crown.

123 THE GOVERNMENTAL iftSTORY OF
Part I. Virginia,
Virginia a trial for juries in all criminal and civil causes where
Royal Col-
ony 1625 it shall be demanded. And above all by his majesty's
to 1651. r0yai encouragement unto us, upon all occasions, tq
Remon- address ourselves unto him, by our humble petitions,
&rani642 wmch ^oth so much distinguish our happiness from
that of the former times that private letters to friends
were rarely admitted passage.
" To the Tliird, (reason) for introducing the old cor^
poration without ruin and dissolution to the colony at
present, as a thing not possible, we conceive we have
these just grounds.
Right of « isk There can be no right or propertv introduced
property a r r j
how affect- for them, without proving the illegality of the King s
e y lt" proceeding, so that all grants since, upon such a foun
dation, must of consequence be void and tending to
displeasure. We, the present planters, enjoy our lands
by immediate grant from his majesty, if (as it is argued
in tlieir petition) the king had no power to grant, our
possessions must give place to their claim, which is one
invincible argument (as we conceive) of the ruin and
dissolution to* the colony at present. When, if their
pretences take place, we must be ousted of all.
Ihstinc- « jy^ whereas it is alledged that the charter of
tions made °
between orders from the Treasurer and Company, Anno 1618,
ers^entUr gives us claim and right, to be members of the corpo
ration quatenus planters ; we find the company by the
said charter, where members being planters and adven
turers are considered by themselves, and distinguished
in privileges from planters and adventurers not being
members; and we further find ourselves (being the
king's grantees) in the said charter condemned, the
clause plainly pronouncing in these words — (we do
ordaine that all such persons that of their own volun
tary will and authority shall remove into Virginia,
without any grant from us in a great and General
Quarter Court, in writing under our seals, shall be
deemed, as they are, occupiers of our land, that is to
say of the common land of us the said Treasurer and

THE UNITED STATES OF AMERICA. 127
DURING THE REIGN OF CHARLES I. PART I.
Company ;) much more such grantees as have their Virginia a
right from an erroneous judgment, as they pretend. ony) 1625
2dly. That if the company be renewed, by which t0 1651-
means they, as aforesaid, have leave arid the strength France,
of their own charter of orders, publicly in this colony &c-> 1642>
to displant us ; the wiser world we hope will excuse us
if we be wary to part with what (next our lives) near
est concerns us, (which are our estates, being the live
lihood of ourselves, wives and children,) to the curtesy
and will of such task-masters from whom we have
already experimented so much oppression.
Bdly. We may not admit of so unnatural a distance
as a company will interpose between his sacred maj
esty and us, his subjects, from whose immediate pro
tection we have received so many royal favors and Upon their
gracious blessings. Por by such admission with'the
1st. We shall degenerate from the condition of our Crown.
birth, being naturalized under a monarchial govern
ment, and not a popular and tumultuary government,
depending upon the greatest number of votes of per
sons of several humors and dispositions, as this of a
company must be granted to be ; from whose general
quarter courts all laws binding the planters here, did
and would issue.
"2dly. We cannot, without breach of natural duty Effect
and religion, give up and resign the lands which we tenure of
had granted, and hold, from the king, upon certain lands-
annual rents (fitter as we humbly conceive, if his maj
esty shall so please, for a branch of his own royal stem,
than for a company) to the claim of a corporation ;
for besides our births, our possessions enjoin us as a
fealty without a salvafide aliis dominis.
" We conceive by admission to a company, the free- its effect
dom of our trade (which is the blood and life of a"^".
commonwealth) is impeached ; for they who with most
secret reservation, and most subtilty argue for a com
pany, tho' they pretend to submit the government to
the king, yet they preserve to the corporation propriety

128 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Virginia a to the land, and power of manageing the trade, which
Royal Col-. ' . K Al
ony, 1625 word manageing, m any sense taken, we can no ways
to 1651. interpret, than a convertible to monopolizing, for
strance" whether in this sense, that all the commodities raised
&c, 1642. m the colony shall be parted with, exchanged, or vended
at such rates and prizes as they shall set down ; or such
wares and merchandizes as they shall import, or be dis
posed into their magazine, or such bottoms as shall
from time to time be licensed or ordered by them ; or
whether in this sense, that the planters, (may part with)
Its effect only such commodities and in such proportions as by
"po,n advice and determination of their quarter courts shall
initio. be directed, still the terms and conditions of the plant
ers are subjected to a monopoly that is to their sole
guidance, governing and manageing ; with what reason
we leave to the world to judge : For though we sub-
And Colo- mit in depth of judgment and understanding to such
nial free- as snan sjt a^ the helm there ; yet it is very possible,
and indeed most probable, that at this distance wise
men may mistake ; and there is more likelihood that
such as are acquainted with the clime and the acci
dents thereof, may, upon better grounds, prescribe our
advantages, both for quantity and quality of commodi
ties ; which by the bounty of his majesty we now enjoy
by our grand assembly ; and in any other way will be
destructive unto us according to our possession."
" Though we admit the pretence that the government
shall be made good to the king, that is, that the king
shall nominate and appoint the governor — First, we
find it directly besides the scope of the part which in
sists upon restoring the company in all formalities;
Next, wo take it at best for a falicie and trap not of ca
pacity enough to catch men with eyes and foresight ;
Govern- for upon a supposition that a governor shall be named
™en' °,f and appointed by his majesty, yet his dependence (so
how affect- far forth as continuing or displacing) will, by reason of
cd by it. tjicjr p0Wer an(j interest in great men there, rest in
them ; which necessarily brings with it conformity to

THE UNITED STATES OP AMERICA. 129
DURING THE REIGN OF CHARLES I. PART I,
their wills in whatsoever shall be commanded, which Virginia a
how pernicious it will be to the colony, according to ^„y
our assertion in this head? we leave to the ablest judg- 162S-51.
ments. " We, the Governor, Councel and Burgesses of this Restora-
present grand assembly, having taken into serious con- company6
sideration these, and many other dangerous effects, ȣ* deair-
which must be concometent in and from a company or
corporation, have thought fit to declare, and hereby do
declare, from ourselves and all the commonalty of this
colony, that it was never designed, sought after, or en
deavored to be sought for, either directly or indirectly,
by the consent of any grand assembly, or the common
consent of the people : And we do hereby further, de
clare and testifie to all the world, that we wiU never
admit the restoring of the said company, or any for or
in their behalfs, saving to ourselves herein a most faith
ful and loyal obedience to his sacred majesty, our dread
soveraine, whose royal and gracious protection, and
allowance, and maintenance of this our just declara
tion and protestation, we doubt not, according to his
accustomed clemency and benignity to his subjects, to
find. " And we do further enact, and be it hereby enactedFVm\tj{or
and manifested per authority aforesaid, that what person its restora-
or persons soever either is, or hereafter shall, by any tl0n-
way or means, either directly or indirectly, to sue for,
advise, assist, abet, countenance, or contrive the reduc
ing of this colony to a company or corporation, or to
introduce a contract or monopoly upon our persons,
lands or commodities, upon due proof or conviction of
any of the premises (to wit) by going about by any
way or means to sue for, advise, assist, abet, counte*-
nance or contrive, the reducing this colony to a com
pany or corporation ; or to introduce a contract or mo
nopoly as aforesaid ; upon due conviction as aforesaid
shall be held and deemed an enemy to the colony and
shall forfeit his or their whole estate, or estates, that
9

130

THE GOVERNMENTAL HISTORY OF

Part I.

VIRGINIA,

Virginia a
Royal Colony 1625-51.
Force and
extent of
the Act.

This act
not to
terminatethe Assem
bly.

Continu
ance and
adjournment.

shall be found within the limits of the colony, the one-
half shall become to public uses, the other moiety or
half to the informer. This act to be in force, and the
penalty therein . contained, to extend to all the adven
turers arid planters now residing in the colony, upon
the publication at James Citty : and to all adventurers
and planters now in England or elsewhere out of the
limits of the colony, within five days after the arrival
of this our said declaration, protestation and act, with
in the kingdom of England : Signed under our hands,
and sealed with our seal of the colony, at James Citty,
the first day of April, in the year of our Lord 1642,
and in the eighteenth year of the reign of our sove-
raine Lord Charles over England, &c. .
" Tlie Governor, Cotmcel and Burgesses of this pres
ent grand assembly, taking into serious consideration
the many and weighty business begun in this present
grand assembly, and which yet do remain unfinished,
and to prevent all doubts whether the passing of the
acts already agreed upon will not be a determination
of this assembly, do hereby enact, and by the authority
of this present grand assembly, be it enacted, that not
withstanding the passing and enacting of divers acts
already agreed upon, this present assembly shall not be
determined, but that it be adjourned to the Thursday in
Whitsun-week, being the second day of June next com
ing, at which time and day the whole body of this pres
ent assembly, consisting of the governor, council and
burgesses, shall repair to James Citty, then and there
to determine and finish all such matters as shall be
found necessary to be concluded and enacted whether
in matters already begun, or other business that shall
then begin, or be proposed, that may redound to the
glory of God, the honor of his majesty, and the good
of the colony. God save the King.
(Signed) William Berkeley, etc."
This able state paper which was signed by governor
Berkeley, the members of the council, and the house of

THE UNITED STATES OP AMERICA. 131
DURING THE REIGN OF CHARLES I. PART I.
burgesses, gives a very clear idea of the growth and Virginia a
prosperity of Virginia after she became a royal colony, colony
A summary of the subsequent action of the assembly 1625-51..
was published in the shape of a proclamation, which
forms an interesting record in her governmental his
tory. It was the first time in her colonial expert
ence that the session had been continued by a special
adjournment. And the proclamation to which I refer
was prompted by a desire on the part of the grand
assembly to excuse themselves to the people, as well
as to forestall any complaint which might be made
against such a protracted session. It was stiled A
remonstrance of the grand assembly, and proceeded as
follows :
" Whereas the natural and most wished effects of as- Address
semblies may summarily be comprehended in the order- °emMy tt
ing and enacting of good and wholesome laws, and rati- tfle people,
fying ; and relieving of such disorders and grievances
which are incident to all states and republics, in which
considerations this assembly may seem to have declined
and swerved from those true intents of so happy con
stitutions, if their endeavors and declarations be appre
hended either by a bare view Of the laws, few in num
ber, and therefore not answering the expectation of a
meeting exceeding customary limits of time in this
place used, or by comparing the payments and levies
now imposed much more free^ in respect that in them
the grievance of the inhabitants were principally stated,
" It is therefore thought fit by them, to present and .
remonstrate to the colony the weighty consequence and
benefits redounding thereto by their late consultations.
First, the first is instanced by repealing the act of
four pound per poll yearly to the governor, which is a
benefit descending unto us and our posterity, which we
acknowledge contributed to us by our present gov
ernor. Next, by abolishing condemnations and censures Acts and
(presidental from the time of the corporation) of the l^mbiy*

132 THE GOVERNMENTAL HISTORY OF
Part I. Virginia.
Virginia a inhabitants from colonie's service ; wherein we may not
Colony likewise silence the bounty of our present governor in
1628-51. preferring the public freedom before his particular
profit ; in which act also we may pronounce the inhab
itants absolutely to have recorded the birth-right of
their mother nation ; and the remains of the late com
pany's oppression to be quite extinguished.
Addr Bdly. The near approach which we have made to the
of the As- laws and customs of England in proceedings of the
CeopTe, C°Urt> and trials of causes'
1642. 4thly. The rules and formes set down for deciding of
differences and debates concerning titles of land, and
otherwise. hthly. The appropriating and accommodating of par*
ishes with metes and bounds that God Almighty may
be more duly served.
(ithly. The treaties and overtures with the governor
*See Part of the province of Mariland,* requiring much time for
maturing ; and very successful in opening a trade in
the bay of chessepiake.
Ithly. The settling of peace with friendship with the
Indians, by mutual capitulation, and articles agreed and
concluded on in writing ; by many messages and inter
ruptions lengthened.
Wily. The common grievances relieved and removed,
in asseasments, proportioning in some measure pay
ments to men's abilities ; and estates augmented unto
the wealthier sort by the number of the milk kine ;
Acts and and *n *na* reuef afforded to the poorer sort of the in-
a™s of the habitants ; which cause, thro' strangeness thereof, could
y' not but require much time of controverting and de
bating. 9thly. Lastly, the gracious inclination of his majesty,
ever ready to our protection, and now more particu
larly assured to us, together with the concurrence of
a happy parliament in England, were the greater mo
tives to us to take the opportunity of establishing our
liberties and privileges, and settling our estates, often

THE UNITED STATES OF AMERICA. 133
DCRING THE REIGN OF CHARLES I. PART I.
heretofore assaulted and threatened, and very lately Virginia a
invaded by the late corporation; and of preventing cobny,
the future designs of monopolizers, contractors, and 1625-51.
pre-emptors, ever hitherto incessant upon us, not only
bereaving us of all cheerfulness and alacrity, but usurp
ing the benefit and disposition of our labours ; And we
apprehended no time could be misspent, or labour mis
placed, in gaining a firm peace to ourselves and pos
terity, and. a future immunity and ease from taxes and
impositions ; which we expect to be the fruits of our
endeavors, and to which end we have thought it sea
sonable for us liberally and freely to open our purses,
not doubting but all well affected persons will, with all
zeal and good affectiori embrace the purchase, and pray
to Almighty God for the success. — Given at a grand
assembly, at James Citty, the 1st of July, 1642.
(Signed) William Berkeley, (Gov.)

It is difficult to understand the allusion, in the The
closing part of this proclamation, to "the concurrence ress'
of a happy parliament in England with the gracious
inclinations of his majesty." The fact is well authen
ticated in history, that, in this same year, Charles I.
became involved in a controversy with parliament,
which was the commencement of a civil war, which
ended in bringing his neck beneath the axe of the -
executioner. This condition of things in the parent see
State, however, did not so materially concern thePartI1,
colony of Virginia, as it did the colonies of New
England. The political organization and character
istics of the former, and all the sympathies and incli
nations of its inhabitants, were so akin to royalty,
that they were proud to proclaim themselves the birth
right of the crown. They took no part in the contro
versies which now agitated the parent nation, while
they were careful to keep themselves true in their
loyalty and relations to its sovereignty. As long as
the action of parliament did not infringe upon the

134 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Virginia a powers, or jurisdiction, which they claimed for their
Colony own grand assembly, they left it for those more
1625-61. directly interested in its proceedings to question, or
to war with, its enactments. The majestic coolness
with which the people contemplated the commo^
tions in the mother country is well illustrated by an
act passed by the assembly while the civil war was at
its heighth, and which is otherwise important. It
recites :
Provision Act LXXIII. " Whereas, through the unkind differ-r
Governor ence now in England, it may with great reason be
^y th? assured to the most scrupulous, that the severall pen-r
Assembly, sion and allowance from his majestie to the governour
1643. ' °^ this place, is for this present withdrawn and susr
pended ; and that therefore, for the sustentatiori and
support of the honor of this place of gov'r, an accom
modation from the plantation in clear and absolute
terms of necessity, is required and enforced; Yet,
nevertheless, this present grand assembly together,
with an eye to the honor of the place, having alsoe
entered into a deep sense and consideration of the duty
and trust which the publique votes and suffrages have
cast upon them; under which is comprehended the
most speciall and binding obligation, the preservation
of the rights and properties of the people ; to which
* this course now intended may seem to threaten vio
lence, however rather innovated in the manner and
circumstance than in value in substance ; yet, as well
for silencing of pretences as for answering of argur
ments of weight ; It is thought fitt hereby to declare,
that as from the infancy ofthe colony there was never
the like concurrence and pressure of affairs, which
they likewise hope and pray to Almighty God to (avert)
•from his ma'tie, and his ma'tie's kingdoms ; soe they
have recorded to posterity, with this ensuing presedent
This Act °^ accommodation for the governour, that, the afore-
not to ope- said instance and motives removed, they will never
precedent. f1Q^ or consent to receive, the same. This present

THE UNITED STATES OF AMERICA. 135
DURING THE CIVIL WAR UNDER CHARLES I. PART I.
grand assembly hath heretofore enacted that the Virginia a
present accommodation shall be as followeth, (vizt.) c°j^„y
That there be leavied for the said governour's accom- 1625-51.
modation, for this present year 1643, 2 shillings a
head for evry tithable person in the colony, to be paid
in provisions as hereafter mentioned, at these rates,
vizt. : Indian Corne at 10s. per barrell, 2 barr. of ears Provision for the
to one of corne; Wheat at 4s. per bushell: Beife at Governor
Sd.l-2d. pr. pound. Pork at 4d. per pound. Good clionial
henns at 12d. Capons at Is. 6d. Calves at 6 weeks Assembly,
old, 25s. Butter at 8c?. per po,und. Good weather
goats at 20s. Piggs to roast, at 3 weeks old, at 3s. per
pigg. Cheese at 6d. per pound. Geese, Turkeys, and
Kidds, at 5s. pr. peece. The provision for corne to be
levied out of these counties : Henrico ; North'Ton ;
Eliza Cittie; Lower Norff; Vpper Norff; Yorke,
including Peankhetank. These counties to pay the
other provision : Charles Cittie ; Ja. Cittie ; Isle of
Wight, and Warwicke.
"Ffor collecting hereof, it is hereby enacted by this How col-
grand assembly that upon the governour's notice oflected-
the severall county courts, allowing the reasonable
time, that they leavie the said severall proportions, alike
proportionally as aforesaid in two places in every parish
within the several counties respectively ; And the
sheriff of the severall counties with the assistance of
the constables of the limitts, are to give notice to the
inhabitants, after the said provision is to be levied, to
bring in their severall proportions to'the said severall
places, by them appointed as aforesaid. And in case
of refusall, to distrain upoff the estates of such who
shall be delinquent in payment, and bringing it to the
aforesaid places for satisfaction thereof. And the said
sheriffs after such collection are hereby enabled to hire
boats and men to bring the same to James Cittie to the
governour's. And their severall disbursements and
charges therein expended to be putt to account, and

136 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Virginia a presented to the next general assembly, to be satisfied
CoX, outofthelevie."
1626-61. (Signed,) William Berkeley.

I find no material change to have taken place in the
government or administration of the affairs of the
colony during the subsequent years of the reign of
Charles I. In the year 1648 the people complained to
the general assembly of the powers exercised by the gov-
Mffitary emor and council in pressing soldiers into service with-
mentby otlt any concurrent action on the part of the burgesses.
the Gov'r, Whereupon it was declared that such power Was thus
lawfully exercised. That it Was derived to the governor
and council under their commissions and instructions
from the crown, and that the people "ought humbly to
acknowledge his majesty's royal Care Of his subjects in
establishing such a power wherein are naturally placed
SO many concernments to the peace and safety of all
*}¦ ,H2?' good subjects, many accidents not admitting delay of
utes, 365. time nor those slow motions of great counsells."*
Execution Charles I. was executed on the thirtieth day of Jan-
of Charles -nary, 1649, when parliament assumed and exercised
tablish- the powers of government under "The Common-
"The wealth." They were shortly after wrested from it by
Common- Oliver Cromwell, who established the same under his
own protectorate. The political effect of this change
of affairs in the mother country, so far as it concerned
the colonies in America, was, to raise a question as to
the powers of the governor and council, and of all
other officers appointed hy them under their com-
SeePartn. missions from the crown. It was eagerly claimed in
New England that the abolition of the regal power in
the parent state necessarily extinguished all offices and
powers created under its prerogatives in America.
Virginia was too much of a royal colony, and too loyal
to the rights Of monarchy, to permit the discussion.
At the first meeting of her grand assembly after she
had heard of the fate of her acknowledged sovereign,

THE UNITED STATES OF AMERICA. 1S7
UPON THE EXECUTION OF CHARLES I. PART I.
She was careful by her very first enactment to let the Virginia,
world know her opinions and position. _ It is but justice Coi°ny
. to her and to the truth of history to give her declara- 1626-51.
tions in her own words. She enacted :
" Act I. Wliereas, divers out of ignorance ; others Proceed-
out of malice, schism, and faction, in pursuance of Grand *
Some design of innovation ; may be presumed to pre- ^e™ kly,
pare men's minds and inclinations to entertaine a good
liking of their contrivement, by casting blemishes of
dishonor upon the late most excellent, and now Preamble
undoubtedly sainted king; and to those close ends ^Jj™ Act
vindicating and attesting the late proceedings against
the said blessed king, (though by so much as they Loyalty to
may • seem to have color of law, and form of justice, "* ea '
they may be truly and really said to have the more
and greater height of impudence) : And upon this
foundation of asserting the clearness and legality of
the said unparalleled treasons .perpetrated on the said
king, to build hopes and inferences to the high dis
honor of the royal estate, and in truth to the utter
disinherison of his sacred majesty that now is,* and the * Charles
divesting him of those rights, which the law of nature
and nations, and the known laws of the kingdom of
England, have adjudged inherent to his royal line ;
and the Law of God Himself (if sacred writ may be
so stiled, which this age doth loudly call in question)
hath consecrated unto him ; And, as arguments easily
and naturally deduced from the aforesaid cursed and
destructive principles, with much endeavor they press
and persuade the power of the cominission to be void
and null, and all - magistracy and office thereon
depending to have lost their rigour and efficacy, by
such means assuredly expecting advantages for the
accomplishment of their lawless and tyrrannous
intentions. "Be it therefore declared and enacted, und it is Aere-the execu!
by enacted, by the Governor, Councel and Burgesses, o^-j^ r
the authority of the same, That what person soever, treason. "

138 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Virginia whether stranger or inhabitant of this colony, after the
Colony, elate of this act, by reasoning, discourse, or argument,
1625-51. shall go about to defend or maintain the late traitorous
proceedings against the aforesaid king of most happy
memory, under any notion of law and justice, such
person using reasoning, discourse, or argument, or
uttering any words or speeches to such purpose or effect, •
and being proved by competent witness, shall be ad
judged accessory post factum to the death of the afore
said king, and shall be proceeded agamst for the same
according to the known laws of England :
Defaming " Or whoever shall go about, by irreverent or scanda-
the late . , , , i - ,
King, how fous words or language, to blast the memory and honor
punished. 0f ^hat late most pious king (deserving ever altars and
monuments in the hearts of all good men) shall, upon
conviction, suffer such censure and punishment as shall
- be thought fit by the governor and council.
To doubt " And be it further enacted, That what person soever
of "charles shall, by words or speeches, endeavor to insinuate any
II. to the doubt, scruple, or- question, of or concerning the un-
succession j tit t*i »i t* i * •
high trea- doubted and inherent right of his majesty, that now is,
Bon- to the colony of Virginia, and all other his majesty's
dominions and countries, as king and supreme gov
ernor, such words and speeches shall be adjudged High
Treason.
To propose " And it is also enacted, That what person soever, by
of Govern- false reports and malicious rumors, shall spread abroad
ment, high among the people, any thing tending to change of gov
ernment, or the lessening the power and authority of
the governor or government, either in civil or eccle
siastical causes, (which this assembly hath and doth
declare to be full and pleanarie to all intents and pur
poses,) such persons not onely the authors of such
reports and rumors, but the reporters and divulgers
thereof (unless it be done by way of legal information
before a magistrate,) shall be adjudged equally guilty;
and shall suffer such punishment even to severity as

THE UNITED STATES OF AMERICA. 139
AND THE COMMONWEALTH. PART I.
shall be thought fitt, according to the nature and quality
of the offence." * * 1. Hen-
These proceedings on the part of the colony of Vir- utef,"S360. '
ginia, were met by an ordinance of parliament wherein
it was declared, " that the colonies of America were,
and ought to be, subordinate to, and dependent on, the
Commonwealth of England, and subject to such laws
and regulations as were, or should be, made by parlia
ment—that in Virginia, and other places,* the powers *Mary-
of government had been usurped by persons who hadp"Kj jIT^e
set themselves up in opposition to the Commonwealth."
• They were therefore denounced as rebels and traitors,
and all foreign vessels w^re forbidden to enter any of
her ports. Commissioners were sent over with a fleet Commis- -
to enforce submission to the ruling administration in F°"iia- °
England. This convoy arrived at the mouth of the me5.* aent
Chesapeake Bay early in the year 1651, where theyginia.
were met by a large number of the people headed by
Governor Berkeley, who offered a stout resistance to
their entrance into the bay. They were eventually
obliged, however, to yield to the superior force of the
fleet of the commissioners and an amnesty was arranged.
The colonial government at length surrendered, and the she sub- ¦
royal colony of Virginia agreed to remain thenceforth ^^'
"in due obedience and subjection to the common-wealth wealth.
Of England," under the following compact, viz:
"Articles at The Surrender op the Countrie. -Articles of
Articles agreed on and concluded at James Cittie in Vir- -J^i v\
ginia for the surrendering cmd settling of that planta?
tioh under the obedience of the Common-Wealth of
England, by the commissioners of the Councell of
State, by authoritie of the Parliament of England
and by the Grand Assemblie of the Governour, Coun
cell and Burgesses of that countrey.
First. It is agreed and cons'ted that the plantation The sub-
of Virginia, and all the inhabitants thereof, shall bemission-
and remaine in due obedience and subjection to the

140 THE GOVERNMENTAL HISTORY OP
Part I. Virginia,
Articles of commonwealth of England, according to the laws there
165i!n er' established : And that this submission and subscription
be acknowledged a voluntary act, not forced nor con
strained by a conquest upon the countrey, And that
they shall have and enjoy such freedomes and privelidges
as belong to the free-borne people of England ; and that
the former government by the commissions and instruc
tions be Void and null.
Powers of 2dly. Secondly, that the grand assembly, as for
the Grand meriV) shall convene and transact the affairs of Virginia,
wherein nothing is to be acted or done contrarie to the
government of the commonwealth of England, and the
lawes tliere established.
Pardon of Sdly. That there shall be a full and totall remission
past often- an(j in<jemnitie of all acts, words, or writeings, done or
spoken, against the parliament of England in relation
to the same. '
Limits of 4thly. That Virginia shall have and enjoy the antient
theColony. hounds and lymitts granted by the charters of the for
mer kings ; And that we shall seek a new charter from
the parliament to that purpose against any that have
intrenched upon the rights thereof.
Confirma- hthly. That all the pattents of land granted under
Patents. *ne collony seale, by any of the precedent governours,
shall be and remaine in their full force and strength.
Privilege Sthly. That the privilidge of haveing ffiftie acres of
of60acres- land for every person transported in the colony shall
'continue as formerly granted.
Free trade, tthly. That the people of Virginia have free trade as
the people of England do enjoy ,to all places and with
all nations according to the laws of that commonwealth ;
And that Virginia shall enjoy all priviledges equall with
any English plantations in America.
Taxes. Wily. That Virginia shall be free from all taxes, cus-
tonies, and impositions whatsoever, and none to be im
posed on them without consent of the grand assembly;
And soe that neither ffortes nor castles bee erected, or
garrisons maintained without tlieir consent.

THE UNITED STATES OP AMERICA. 141
SURRENDERS TO THE COMMONWEALTH. PART I.
9thly. That noe charge shall be required from the Articles of
country in respect of this present fleet. i65iender*
lOthly. That for the future settlement ofthe country Engage-
in their due obedience, the engagement shall be ten- ™e^. "^
dered to all the inhabitants according to act of parlia-
' ment made to that purpose, that all persons who shall
refuse to subscribe the said engagement, shall have a
yeare's" time if they please to remove themselves and
their estates out of Virginia, and in the mean time
during the said yeare to have equall justice as formerly.
Ulhly. That the use of the booke of common prayer Book of
shall be permitted for one yeare ensuinge with refer- p^™°n
rence to the consent of the major part of the parishes
Provided that those things which relate to kingshipp
or that government, be not used publiquely; And the
continuance of ministers in their places, they not mis- Ministers.
demeaning themselves; And the payment of their
accustomed dues, and agreements made with them
respectively, shall be left as they now stand, dureing
this ensuinge yeare.
12thly. That no man's cattell shall be questioned as Cattle.
the companies, unles such as have been entrusted with
them or have disposed of them without order.
13thly. That all ammunition, powder and arms, other Arms, &e.
than for private use, shall be delivered up ; securitie-
being given to make satisfaction for it.
lithly. That all goods alreadie brought hither by the Goods free
Dutch, or others, which are now on shoar shall be free ™™ seiz"
from surprizall.
Ihthly. That the quittrents^ granted unto us by the Quit Rents.
late kinge for seaven yeares bee confirmed.
16thly. That the commissioners for the parliament Mutual
subscribing these articles engage themselves and thepe ge"
honor of the parliament for the full performance there
of: And that the present governour and the councill
and the burgesses do likewise subscribe and engage the
whole collonie on their parts. Rich : Bennett, seal.
Wm. Claiborne, seal.
Edmund Curtis, seal.

142 THE governmental history op
Part I. Virginia
Articles of « These articles were signed and sealed by the commis-
1661. ' sioners of the councill of state for the Commonwealth
of England, on the twelfth day of March, 1651.

Articles for the Swrrendring of Virginia to the Sub-
Articles jection of the Parliament of the Commonwealth of Eng-
Gov. and land, agreed uppon by the Honorable the Commissioners
Council, joy. fa parliament and the Hon'ble the Governour and
Councill of State.
Oath of al- First. That neither governour nor councill shall be
legiance. 0hijge(j to take any oath or engagementt to The Com
monwealth of England for one whole yeare. And that
neither governour nor council be censured for praying
May speak" for, or speaking well of the king, for one whole year,
king.0 * ein their private houses, or neighboring conference.
Bearer of 2dly. That there be one sent home at the present
t<TcharieS governour's choice to give an accompf to his ma'tie of
n. the surrender of his country, the present governour
bearing his charges, that is Sir William Berkeley.
Gov &c Sdly. That the present governour, that is Sir Wil-
maymove ham Berkeley, and the councill, shall have leave to sell
and dispose of their estates, and to transporte them
selves whether they please.
To have 4thly. That the governour and councill, though they
justice, take not the engagement for one whole yeare shall yet
have equal and free justice in all courts of Virginia
until the expiration of one whole yeare.
And secu- Sthly. That all the governour's and councill's land
ritv of and houses, whatsoever belongeth to them, bee particu-
proper y. ^^ secured and provided for. in these articles.
The gov- Stilly. That all debts of the governour's by act of
emor's assembly, and all debts due to officers made by the
' ' assembly bee perfectly made good to them. And the
governour bee paid out of the goods remaining in the
countrey of the Dutch ship that went away cleer for
Holland without paying his customs.
for Hoi- Ithly. That the governour may have free leave to
England n*re a smPP f°r England or Holland, to carrie away the

THE UNITED STATES OF AMERICA." 143
SURRENDERS TO THE COMMONWEALTH. PART I.
governour's goods, and the council's, and what he or
they have to transporte for Holland or England without
any let or any molestation of any of the State's ships
att sea or in their rivers, or elsewhere, by any of the
shipps in the commonwealth of England whatsoever.
Wily. That the captain of the fforte be allowed satis
faction for the building of his house in fforte-islarid.
Wily. That all persons that are now in this collonie, Exemption
of what quality or condition soever that have servedifrom fines'
the*king here or in England shall be free from all dan-'
gers, punishments or mulct whatsoever, here or else
where, and this article, as all other articles, bee in as
cleer termes as the learned in the law of arms can
express. lOthly. That the same instant that the commissionsJAct of ob-
are resigned, an act of indempnitie and oblivion be: T10n' c''
issued out under the hands and seales of the commis
sioners for the parhament ; And that no persons in any
courte of justice in Virginia be questioned for their
opinions given in any causes determined by them.
llthly. That the governour and councill shall have Passports.
their passes to go away from home in anie shipps in anie
time within a yeare ; and in case they goe for London,
or other place in England, that they, or anie of them,
shall bee free from anie trouble or hindrance of arrests
or such like in England, and that they may follow
their occasions for the space of six months after their
arrival. These articles were signed, sealed, and sworne unto,
by us the commissioners for the parliament of the" com
monwealth of England, the 12th of March, 1651.
Rich: Bennett, seale.
Wm. Claiborne, seale.
Edmund Curtis, seale.
 Proclamation by the
Proclamation of the Commissioners of Parliament, commis-
" Whereas by the authoritie of the parliament of Eng- ^foment
land, we the commissioners appointed by the council 1661.

144 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Prociama- 0f state, authorized thereto, having brought a ffleete
commis- and force before James Cittie in Virginia to reduce
D°riT rS °ft ^na* c°H°nie under the obedience of the commonwealth
1651. of England, and finding force raised by the governour
and country to make opposition against the said ffleete
whereby assured danger appearinge of the ruine and
destruction of the plantation, for prevention whereof
the burgesses of all the severall plantations being
called to advise and assist therein, vpon long and seri
ous debate, and in sad contemplation of the greate
miseries and certaine destruction, which were so nearly
hovering over this whole countrey ; Wee the said com
missioners, have thought fitt and condescended, and
granted, to signe and confirme vnder our hands, seales
and by our oath, articles bearinge date with theise
presents ; And do further declare that by the authori-
tie of the parliament and commonwealth of England,
derived vnto us theire commissioners ; That, according
to the articles in generail, wee have granted an act of
Act of in- indempnitie and oblivion, to all the inhabitants of this
demnity collonie, from all words, actions, or writings that have
ion. been spoken, acted, of writt, against the parliament or
commonwealth of England, or any other person, from
the beginning of the world to this daye ; And this wee
have done, that all the inhabitants of the collonie may
live quietly and securely under the commonwealth of
England: And wee do promise that the parliament
and commonwealth of England shall confirme and make
good all those transactions of ours. Witness our hands
and seales this 12th day of March, 1651.
Richard Bennett, seale.
Wm. Claiborne, seale.
Edm. Curtis, seale.

Virginia Thus m a verv short time after her spirited avowals ¦
no longer 0f loyalty to the crown, Virginia was brought under
colony, allegiance to the Commonwealth : As is intimated in
the recital of the foregoing proclamation of indemnity,

THE UNITED STATES OP AMERICA. 145
UNDER THE COMMONWEATLH. PART I.
it was a virtual subjugation of the colony by the force
of superior discipline and appliances, arrayed against
her feeble though resolute resistance. It was, how
ever, the last as well as the first direct interference of
the Commonwealth with her colonial government.
The commissioners appointed by parliament to reduce
her to its subjection, soon mingled with the ruling
spirits of the colony, and, with them and the burgesses,
guided and regulated all its concerns.
The first meeting of the general assembly, after the
surrender, was held at James City on the thirtieth day
of April, 1652. Thirty-six burgesses, representing
eleven counties, were present, when,
" After long and serious debate and advice taken for Provision-
the setthng and governing of Virginia, it was unani-Q0Yem.
mon sly voted and concluded, by the commissioners ap- ™ent>
pointed by authority of parliament, and by all the bur
gesses of the several counties and plantations respect
ively, until the further pleasure of the states be known :
That Mr. Richard Bennett, Esq., be governour for this
ensuing year, or until the next meeting of the assem
bly, with all the just powers and authorities that may
belong to that place lawfully ; and likewise that Col.
William Clayborne be secretary of state, with all be
longing to that office, and is to be next in place to the
governour; next that the council of state be as fol
loweth, viz., Capt. John West, Coll. Sam. Matthews,,
Coll. Nathaniel Littleton, Coll. Argoll Yeardley ; Coll.
Thos. Pettus; Coll. Humph. Higgison ; Coll. George
Ludlow ; Coll. Wm. Barnett ; Capt. Bridges Freeman ;
Capt. Tho. Harwood ; Major Wm. Taylor ; Capt. Fran
cis Epps and Leiv'tt. Coll. John Cheeseman ; and they
shall have power to execute and do, right and equal
justice to all the people and inhabitants of this colony,
according to such instructions as they have, or shall
receive, from the parliament of England, and accord
ing to the known laws of England ; and the acts of
assembly here established : And the said governour,

146 THE GOVERNMENTAL HISTORY OF'
Part I. Virginia,
Provision- secretary, and council of state, are to have such power
Govern- aQd authorities, and to act from time to time, as by the"
1652 ' grand assembly shall be appointed and granted to
Powers of their several places respectively for the time above said :
the Gov., of which all the people which inhabit or be in this
Secretary, . r r • , ,
and State country, are hereby required to take notice, and accord-
ounc . m„]y conform ; themselves thereunto: God save the
* 1 Hen- ° * . . . -
ning'sStat- commonwealth of England and this country of Vir-:
utes' 3n- ginia."* > '
County May 2d, 1652. It is resolved, That the Commis-
Judges. gioners of the several counties be chosen by the house,
with this proviso, that if any just complaint be proved
against any chosen, they shall be suspended the next
session of assembly. ' '
Colonial May 5th, 1652. It is agreed, and thought best for
how6'8' the government of this country, by the governour,
eligible, council and burgesses, that the right of election of all
officers of this colony be and appertain to the bur-
The people gesses, the representatives of the people; and it is
o/powei-?6 further agreed, for the present, by the burgesses, in
remonstrance of the confidence that they have in the
said commissioners, that the present election of all
officers not already constituted, be referred to the said
governour and commissioners, and that this their elec
tion be not precedential to any succeeding assembly.
* Council May 6th, 1652. Whether the governour and coun-
members cil shall be members of this assembly or no ? generally
Assembly. voted tlaev sha11 be>> taking the oath the burgesses take,
viz. :
Oath of " You, and every of you, shall swearupon the Holv
etc. ' Evangelists, and in the sight of God, to deliver your
opinions faithfully and honestly, according to your
best understanding and conscience, for the generail
aUegknce. £ood and prosperity of this country and every particular
member thereof, and to do your utmost endeavor to
prosecute that, without mingling with it any particular
interest of any person or persons whatsoever.
John Corker, CI. Dom. Com."

THE UNITED STATES OF AMERICA. 147
UNDER THE COMMONWEALTH. PART I.
From- this time there was a very perceptible departure
from the former mode of administering the affairs of
the colony, which continued during the suspension of
the regal government in the parent state. The annual
sessions of the assembly were dated in the year of the features
commonwealth, instead of the year of the king. The under the
government established was declared to be, and was es-ization.
sentially, merely provisionary. It was in as unsettled a
state as the government of the mother country. The
house of burgesses gradually concentrated in themselves
all legislative, judicial, and executive functions, without su°medbyS"
any due separation of, or constitutional limit to their the Bur-
i 1TGSSG9
powers. They appointed the governor and council,
and fixed their term of ofliee ; they also virtually con
trolled the election of all the subordinate officers in
the colony. And although these were appointed under
a provisional enactment, that they should hold their
offices for a specified period, or more generally "until
the pleasure of the supreme power in England was
known," there is no instance in the records of the
colony, of any interference on the part of parliament*.1- ?en"
or Cromwell, with the appointment of either.* Statutes.
Irideed, during the existence of the commonwealth Condition
•administration in England, the colony of Virginia ernmentT"
seemed like a ship of state cut loose from her moor- .
ings, and floating on an uncertain sea, without an effi
cient commander, or a resporisible pilot, or a harmo
nious crew, while none seemed to understand, or cared
to know, the object of her adventure, or the port to
which she was destined, and yet all were mainly solicit
ous to keep her from foundering.
The second election for governor, secretary and Second
council, under the commonwealth, took place in state1 Offi-
March, 1655, when Edward Diggs was elected gov-cera> 1655-
ernor in the place of Richard Bennett ; and the former
secretary and council were all re-elected by the grand
assembly. A general act regulating the trade of the
colony, and estabhshing ports and places for marketSj

148 THE GOVERNMENTAL HISTORY OP
Part I. Virginia,
Under was aiso passed at this session. The other acts of this
the Pro- . . , . .
visional session were oi a more domestic nature, relating pnn-
roemfof "pally to church matters and their relations with the
1652. Indians.
TMrd elec- The third election of state officers, under the com-
pai Assem- monwealth, was held in March, 1658, when, after
i6? °-8 referring to the establishment of the provisional gov
ernment, as vesting " the right of election of all officers
The Bur- of this colony in the burgesses, the representatives of
abne8 elect the people," it was formally declared by them, "that
Governor Wee, the present burgesses of this grand assembly,
cere. have accordingly ordained the several persons under
written, to be the governour, council, and commission
ers of this country of Virginia until the next assembly,
or until the further pleasure of the supreme power in
•l. Hen- England shall be known."* Samuel Matthews, Esq.
maB' ' was again named as governor, Wm. Claiborne as
secretary of state, and twelve others members of the
council. There is something significant in the phraseology
used in designating the term of office of these state
• officers ; referring to the supreme power in England,
instead of the commonwealth. Though subjected to
the authority of the parliament, Virginia seems not to*
have forgotten her loyalty to the crown ; and expresses
Reserved herself as it were, with a prophetic reference to its
theacrow°n. after supremacy. She seems, purposely, to have
couched her enactments in terms which might meet
any alternative of affairs in the revolutionary condition
of the parent state; though they may well enough
refer to the parliament, or to the Lord protector
Cromwell, or even to the crown. This cautions use
of terms may be observed in the previous acts estab
lishing the provisional administration. It is also
observable in all the after proceedings of the burgesses
during the suspension of the regal power in England.
Especially is it so where they have reference to the
government or the authority of the mother country.

THE UNITED STATES OF AMERICA. 149
UNDER THE COMMONWEALTH. PART £
At a meeting of the grand assembly, commenced Under the
March 1, 1658, "the burgesses of thevseveral counties f^J^^
feeing returned by the sheriffs, and this day making ment of
their appearance in the house ; by the unanimous vote
of all then present, (being thirty in number,) Coll. Election of
Edward Hill was chosen speaker, and being by them by the
presented to the governour, from him received appro- Burgesses-
bation." The proceedings of the grand assembly at this date Proceed-
were more regular than any which had preceded, and Assembly6
as their preliminary orders illustrate the parliamentary 1668-9.
forms observed at this early period, I insert them here,
adopting as nearly as may be the language of the orig
inal record. The first order recites, that
" Whereas Coll. Moore Ffantleroy, not being present Suspension
in the house at the election of the speaker, moved ber
against him, as if clandestinely elected, and taxed the
house of unwarrantable proceedings therein, It is
ordered that the said Coll. Ffantleroy be suspended
until to-morrow morning, when, upon his submission, *1Hen.
he may be admitted.* , ^S, 507.
March 8fh, 1658. The House being met, Coll. Heisre-
Ffantleroy acknowledging his error, was re-admitted, a e '
.and the order for suspension raised.
" Orders, for observation of good order in the house, Orders of
being this day read, are generaUy assented to, assembly
ordered to be recorded, viz..: 1658-9.
1. That no burgess shall absent himself from attend- Attend
ance on the house without leave first obtained (unless Report?
prevented bv sickness) when any matter shall bement,of mc did ers
debated of; But that every member shall keep good
order, and give due attention to the reading or de
bating of whatsoever shall be proposed or presented
for the consideration of the house: and that every
burgesse shall, with due respect, address himself -to
Mr. Speaker in a decent manner, and not entertain
any private discourse, while the public affairs are
treated of.

150 THE GOVERNMENTAL HISTORT OF
Part I. Virginia,
Under the 2. That any member of this house, for any time of
fOGo'vem- n*s aDsence upon call of the clerk, shall forfeit twenty
ment of pounds of tobacco, to be disposed of by the major part
Absence °^ *n*s house, upon every Saturday in the afternoon,
lawful impediments excepted.
lntoxx> 3. That the first time any member of this house
shall, by the major part of the house, be adjudged to
be disguised with overmuch drink, he shall forfeit one
hundred pounds of tobacco ; and for the second time
he shall be so disguised, he shall forfeit 300 of tobacco ;
and for the third offence 1000 lb. tobacco.
Deport- 4. That upon debate of anything proposed by the
£gdebate. Speaker, the party that speaketh shall rise from his
seat and be uncovered during the time he speaketh,
wherein no interruption shall be made until he have
finished his discourse, upon penalty of one hundred
pounds of tobacco.
Personah- § That no irreverent or indigne forme of speech be
ties pro- ° r
hibited. uttered in the house by any person against another
member of this house, upon, the penalty of five hun
dred pounds of tobacco ; the house to be judge there-
m in ; and the several fines to be disposed of by the house
as aforesaid."
Message to At this stage of the proceedings a messenger was ,
ern(fi°T sent to the governor requesting him to appoint some of
the council to administer the oath to the burgesses,
" whereupon were sent, Coll. Wilham Claiborne ; Coll.
William Bernard ; and Coll. Thomas Dewe ; who ad
ministered the oath to the burgesses in form following.
Burgesses' Oath. You and every of you shall swear, upon the
Oath. • Holy Evangelist and in the sight of God, to deliver
your opinions faithfully, justly and honestly, according
to your best understanding and conscience, for the
general good and prosperity of this country, and every
particular member thereof, and to do your utmost en
deavor to prosecute that, without mingling with it any
particular interest of any person, or persons, whatso
ever — so help you God and the contents of this Book. ,

THE UNITED STATES OF AMERICA. 151
UNDER THE COMMONWEALTH. PART I.
By the first act of this session it was declared by the Assembly
governor, council and burgesses, " that the honorable °
Coll. Samuel Matthews, Esq., bee the governour and
capt. general of Virginia for two years ensuing, and
then the grand assembly to elect a governor as they Future
shall think fit, the person elected being then one of the g0e°£™ °f
councel. "And it is further enacted, that the present councel Council of
shall be the councel of state, the assembly reserving to8
themselves a just exception against any one particular
councellor ; but for the future the councellors to be Term of
fixt during life except in case of high misdemeanors, ° ce'
and of this the grand assembly to be the only judge.
uAnd it is moreover ordained by the authority afore-Hoir elect-
said, that the governour shah have privilege to nominate e "
the future councellors ; .and the burgesses according to
their discretion to elect, and this act to be of force Provision-
until his highness' pleasure be further signified." tion.
The second act of this session provides for a calling
of the assembly by the governor, by a summons issued
in January preceding March ; and if the governor omits
to do so till the tenth of February, that then the secre-M ^ j
tary, of state should send out writs for the election of t°e *"*-
burgesses, and in case the secretary should neglect it, 8em y"
then the sheriff should by his own power convene the
people by the twentieth qf February, to elect burgesses
for the next assembly; to convene on the tenth of
March every two years, unless the governour shall
see fit to summon them sooner, on any important oc-
* *I. Hen-
caslon* ning, 517.
The action of the assembly vesting the colonial gov
ernment for the next two years iri the governor and Powers of
council, and giving the governor power to call the bur-emorand
gesses together as he might think occasion required, q°egtCion-
originated a controversy between them of exceeding ed by the
interest and importance as it related to the powers of
the- former and the latter. The governor and council
assumed that the power to convene involved also the

152 THE GOVERNMENTAL HISTORY OF
Part I. Virginia, '
Under the power to dissolve the assembly; accordingly on the
govern- first of April, they withdrew from the house and startled
1652 °f tne Durgesses with the following communication, which
was read to them by the speaker.
The gov- " The governor and council, for many important
councildis- causes, do think fit hereby to declare, that they do now
solve the dissolve this present assembly, and that the speaker ac-
1658.. ' cordingly do dismiss the burgesses.
Samuel Matthews,
W. Claiborne.
Thomas Pettus,
Obedience Robins, Henry Perry,
John Walker, Nathaniel Bacon,
Geo. Reade, Francis Willis.
William Bernard,

Answer of "Answer of the burgesses to the declaration of the
gesses." honorable governour and councel.
The house hereby presenteth, that the said dissolu
tion, as the case now standeth, is not presidentall, nei
ther legal according to the laws now in force, therefore
s we humbly desire a revocation of. the said declaration,
especially seeing we doubt not but speedily to finish
the present affaires to the satisfaction of your honor,
and the whole country. John Smith, Speaker."
Resolution " Upon which transactions ****** f being but
geSseI.bur* three monthes absent — it was ***** voted unani-
tMS.wornmously, that no burgess ***** and if any shall
<mt Hen- depart, that he shall be censured as a person betraying
the trust reposed *in him by his country ; and the re
maining to act in all things, and to all intents and pur
poses as a whole and entire house ; and further, that
Mr Speaker sign nothing without the consent of the
major part of the house.
" Voted further, that an oath of secrecy be adminis
tered to the burgesses, as followeth ; viz :

THE UNITED STATES OP AMERICA. 153
UNDER THE COMMONWEALTH. PART I.
You shall swear that as a burgess of this house Assembly
you shall not, either directly or indirectly repeat, nor of 1658_9*
discover, the present or future transactions, debates, Oath of
or discourses, that are now, or hereafter shall be, secreoy-
transacted or debated on in tlie house, to any'per-
son or persons whatsoever, except to, a burgesse of this
assembly now present, during the time of this present
session. So help you God and the contents of this
Booke. 
"Reply of the honorable the governour and councel. The gov-
Upon your assurance of a speedy issue to conclude council in
the acts so near brought to a confirmation in this assem- ^P1?-
bly, we are willing to come to a speedy conclusion, and
to refer the dispute of the power of dissolving, and the
legality thereof, to his highnesse, the Lord Protector ;
Subscribed, Samoell Matthewes,

la. Cittie, April 2d, 1658.

Wm. Claiborne, Sec.

"Answer ofthe burgesses.
The house is unanimously of an opinion that the The bur-
answer returned is unsatisfactory, and desire, with as fnswfr."1
much earnestness as the honorable governour and coun
cel have expressed, a speedy dispatch, and propose,
that the governour and councel please to declare
The house remains undismissed, that a speedy period
may be put to the publique affaires. John Smith, Speaker.
James Citty, Ap : the 2d 1658."

" The reply ofthe governour and councel.
Upon your promise received of the speedy and happy Further re-
conclusion, we revoke the declaration for the dissolu-P1^, °^e
tion of the assembly, and refer the dispute of the power and coun-
of dissolving and the legality thereof to his highnesse
the Lord Protector. Subscribed Samuell Matthewes,
Wm. Claiborne, Sec.

154 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Under the " The house, unsatisfied with these answers, appoint.
al Govern- e& a committee to draw up a report for manifestation
1652 °f aa'^ Tindication of the assembly's power, which after
The As- presentation to the house to be sent to the governour
1658-9.° an(l* councell. These underwritten being appointed the
committee :
Committee " Coll. John Carter ; Mr. Warham Horsmenden ; Coll.
ence. .John Sidney ; Leu't. Coll. Thomas Swann ; Major Rich
ard Webster ; Mr. Jerrom Ham ; Capt. Wm. Michell.
Powers of " The same committee is by the House impowered to
mittee. draw up all such propositions as any way tend to or
concerne the settling the present affairs of the countrey
and government.

Report of the Committee nominated for vindication and
manifestation of the assembly's power.
Report of Wee have considered the present constitution of the
mittee.™" government of Virginia and doe propose, That wee
find by the records, the present power of government
to reside in such persons as shall be impowered by the
burgesses, the representatives of the people, who are
not dissolvable by any power extant in Virginia but the
house of burgesses."
, " They humbly think fitt that the house do propose,
Samuel Matthews, Esqr., to remain governour and
.Capt. gen'U of Virginia, with the full powers of that
trust, And that a councell be nominated, appointed and
confirmed by the present burgesses convened, with the
assistance of the governour for his advice.
"Upon which report was drawn up this declaration:
Declara- " The burgesses, taking into consideration the many
report1 &e *e**s an^ obstructions in the affaires of this assembly,
and conceiveing that some persons of the present coun
cell endeavor by setting up their own power to destroy
the apparent power resident only in the burgesses, rep-
Tbey claim resentatives of the people, as is manifest by the records
for them- 0f the assembly;
selves full J .
power. " Wee, the said burgesses, do declare, That we have

THE UNITED STATES OF AMERICA. 155
UNDER THE COMMONWEALTH. PART I.
in ourselves the full power of the election and appoint- Under the
ment of all officers in this countrey, until such time as ai^overn"-
we shall have order to the contrary from the supreme ment of
power in England, all which is evident upon the assem- The As-
bly records; • ^J*
"And for the better manifestation thereof, and the
present dispatch of the affaires of this countrey we
declare as followeth:
"That wee are. not dissolvable by any power yet
extant in Virginia but our owne ; That all former elec
tions of governour and councell be void and null;
That the power of governour, for the future, shall be
conferred on Coll. Samuel Matthewes Esq, who by us New elec-
shall be vested with all the just rights and priviledges Governor
helonging to, the governour. and. Capt. generali of Vir-&e.
ginia, and that a councel shall be nominated, appointed
and confirmed, by the present burgesses convened
(with the advice of the governour, for. his assistance)
And that for the future none be admitted a councellor,
but such who shall be nominated, appointed and con
firmed by the house of burgesses as aforesaid, until
further order from the supreme power in England.
John Smith, Speaker."
" By the Grand Assembly. These are in the name of Order to
his highness the Lord Protector to will and require e er '
you not to act, or execute any warrant, precept or com
mand, directed to you from any other power or person
than the speaker of this hon'ble house, whose coin-
mands you are hereby required to obey and not to
decline therefrom until further order from us the bur
gesses of this present grand assembly, hereof faile not
as you will answer the contrary at your perill — Given,
2d April, '58. John Smith, Speaker.
Directed to Capt. Robert Ellison, high sheriff
of James Citty County, and sergearit-at-arms
for this present grand assembly."

156 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Under the "It is ordered, that whereas the supreme power- of
al'Govem- this countrey of Virginia is by this grand assembly
ment of declared to be resident in the burgesses, the represent-
The As- atives of the people, That in reference and obedience
^m='£ of thereto, Coll. William Claiborne late secretarie of state
lo&o— 9.
Public Re- forthwith surrender and deliver the records of the coun-
cords tobe faey m.to ^ne hands of the speaker of this present grand
to the assembly.
Speaker. (t qq^ Claiborne being sent for by the sergeant-at-
armes, there was drawn up the next ensuing order.
Committee " Whereas it hath been ordered by this present grand
appointed assembly, that Coll. William Claiborne late secretarie
to receive J
them. of state should deliver, upon oath, all the records con
cerning this countrey of Virginia, or any particular
member thereof unto this present grand assembly,
These are to impower and authorize Coll. John Carter
and Mr. Warham Horsmenden to receive the same in
the name and behalf of the aforesaid grand assembly;
and for such records as they shall receive to give the
said Coll. Claiborne a full receipt and discharge.
Report by " April the 3d, 1658. The committee appointed for
the com- manifestation of the countreys power did this day by
order of the house present to the governour the forme
of the oath to be taken by him and the councell, which
by him was approved, and a list of those he desired to
be of his councell presented by him to the house.
Oath ofthe "The oath. I doe sweare that, as governour and
Governor capti p-en'll of Virginia, I will from time to time to the
and Coun- r * ¦,. . ,.
cil. best of my understanding and conscience deliver my
opinion in all cases for the good and welfare of this
plantation of Virginia; And I do also swear that as a
minister of justice in Virginia, I will, to the best of
my judgment and conscience, do equall right and jus
tice unto all persons in all causes when I shall bee there
unto called, according to the knowne laws of England
or acts of assembly, which are or shall be in force for
the time being, without favor, affection, partiality or
malice or any by respect whatsoever, neither will I,

THE UNITED STATES OP AMERICA. 157
UNDER THE COMMONWEALTH. PART I.
directly or indirectly give councell or advice in any Under the
cause depending before me, So help me God: ^Govern-
 ment of
Thus the colony of Virginia, by a system of admin- TheAs-
istration peculiar in its origin and character, by ani»^Jof
experience singularly unlike that of the New-England
colonies, and seemingly uninfluenced by the religious
agitations which were convulsing the mother country,
adopted as the basis of its government the fundamental
maxim of political freedom embraced in the Protestant
ism of the Puritans, that the people are the source of Protestant
all power in the state. In this heated and exciting ^fe™e3n^n_
controversy with the governor and council, the house troversy.
of burgesses affirm distinctly, and again and again
reiterate their claim to supreme power because they
were the representatives of the people: And after the
controversy is closed they declare the same thing by
express enactments, wherein and whereby they insist^
that all power centered in and emanated only from
themselves as representing the people. They insist that
no governor could or should rule over them, that no
state council eould or should be established among
them, who would not admit that they derived their
powers from the house of burgesses; and it would
seem also that it was with the burgesses to reject or
recognize the ruling power of the mother country. It
was but " precedental " to a still greater assumption of
power, and important in all their after history.
Oliver Cromwell died on the third day of Septem- Death of
ber, when his son Richard succeeded to the protecto- 01lTer ?nd
' _ r succession
rate. This event was communicated to the governor of Richard
and council of Virginia, by a letter dated on the sev- gep™i658.
enth of the same month, and was by them communica
ted to the house of burgesses. The letter and the
action of the burgesses upon it, form too important an
item in the governmental history of Virginia to be
omitted.

158 THE GOVERNMENTAL HISTORY OP
Part I. Virginia,

Death of " Letter from the President ofthe State Council ofthe late
communi- Protector, Oliver Cromwell,, to the Governor and
cated to Council of Virginia.
Virginia,' J °
1658-9. "Gentlemen, his late highness, the Lord Protector,
Letter from that general respect which he had to the good and
StateCoun- safety of all the people of his dominions, whether in
Cl1, these nations or in the English plantations abroad, did
extend his care to his colony in Virginia: The present
condition and affairs whereof appearing under some
unsettledness tlirough the looseness of the government,
the supplying of that defect hath been taken into seri
ous consideration, and some resolutions past in order
thereunto which we suppose would have been brought
into act by this time if the Lord had continued life and
fi health to his highness; but it hath pleased the Lord
Cromwell, on Friday, the third of this month, to take him out of
the world; his said highness having, in his lifetime,
according to the humble petition and advice, appointed
and declared the most noble and illustrious lord, the
Lord Richard, eldest son to his late highness, to be his
successor; who hath been accordingly, with general
consent, and applause of all, proclaimed Protector of
this Commonwealth of England, Scotland and Ireland,
and the dominions and territories thereunto belonging ;
and therefore we have thought fit to signify the same
unto you, whom we require according to your duty,
that you cause his said highness Richard, Lord Protect
or, forthwith to be proclaimed in all parts of your
colony. . .
Assur- " And his highness' councel have thought fit hereby
good8 will, to assure you that the settlement of that colony is not
neglected, -and to let you know that you may expect
shortly to receive a more express testimony of his high
ness' care in that behalf; till the further perfecting
No present whereof their lordships do will and require you, the
ence.er" present governor and councell there, to apply your
selves with all seriousness, faithfulness and circumspec
tion, to the peaceble and orderly management of the

THE UNITED STATES OF AMERICA. 159
UNDER THE COMMONWEALTH. PART I.
affairs of that colony, according to such good laws andThesuc-
customs (not repugnant to the Laws of England) as^^rf°
have been heretofore used and exercised among you, Cromwell,
improving your best endeavors, as for maintaining the
civil peace, so for promoting the interest of religion,
wherein you will receive from him all just countenance
and encouragement :
"And if any person shall presume by any undue Further
ways to interrupt the quiet or hazard the safety of his
highness' people there, order will be taken (upon the
representation of such proceedings) to make further
provision for securing of your peace in such a way as
shall be found meet and necessary, and for calling those
to a strict account, who shall endeavor to disturb it.
Signed in the name and by order of the council
He: Lawrence, PresidH.
Whitehall, 7th September, 1658.

"March 8, 1659. The letter being read it was pro- Proceed-
posed, whether the house should have time to debate burgesses.6
on their acceptance and approbation of it: Whereupon
it was resolved they should have time to consider of it:
In reference to which the governour and councel depart
ed, .and tliere was proposed, 1. Whether the letter in
that part that requires obedience to his highness, Rich- Richard
ard, lord protector, should be assented to. Resolved, acknowl-
generally and unanimously in the affirmative. edged.
2. Whether the letter sent be accepted as an authen
tic manifestation of their lordship's intentions for the
government of this countrey. .Voted, That we owne
the power and the whole contents thereof." After
wliich the house adjourned till Wednesday morning :
" Wednesday, March ninth, 1659. The house being
met, the speaker declared the intention of the gov
ernour and councel, in tender care of the good of this
countrey, to assist the assembly in making addresses to
his highness for confirmation of the privilige granted
to the countrey in electing their own officers ; in which

160 THE GOVERNMENTAL HISTORY OP
Part I. Virginia,
The sue- the house desired to be satisfied from the governour's
Richard0 own expressions. In reference to which Mr. Bacon,
Cromwell, Mr. Horsmenden, Lt. Coll. Carter and Capt. Fowke,
were sent to desire his honor to come to the house and
affirm it, which accordingly he did as followeth, viz:
The Gov- He acknowledged the supreme power of electing offi-
knowi-a°* cers *° ^e ^v the present laws resident in the grand
edges the assembly ; and that he would join his best assistance
power of 'with the country in making an address to his highness
the bur- for confirmation of their present priviliges ; And that
gesses. r ...
for this reason, that what was their privilige now might
ning sTi. De his or their posterities forever."*
The resig- Richard Cromwell resigned the protectorate on the
the protec- twenty-second day of April, 1659. By this act of his
torate by the supreme power in England seems to have been
Cromwell thrown into abeyance, suspended between various fac-
1659. tions, but depending mainly on the will and the action
of general Monck, who observed a rigid taciturnity as
to his intentions and kept the whole nation in wild un
certainty as to what kind of a government would next
ensue. How, precisely, this condition of things in the
mother country influenced the action of the people in
Virginia, the strange and conflicting narratives of both
English and American authors renders it impossible to
say. The difficulty of removing the uncertainty which
they have thrown around this portion of her govern
mental history would be insuperable were it not for the
preservation of her early colonial records by the faith
ful and laborious compilation of one of her patriotic
t William sons,-)- from which I have already so freely quoted.
H^nlung's From these we have seen that the powers of the grand
Statutes at assembly of the colony, which body was originally
,. composed of the governor and council and the bur
gesses, were at length centered in the latter, and it be
came the supreme source of all power in the government
of Virginia. By these tlieir representatives the people
controlled its legislative action, made themselves heard
in its deliberations, their influence felt and their will.

THE UNITED STATES OP AMERICA. 161
UPON. THE RESIGNATION OF RICHARD CROMWELL. PART I.
obeyed. The grand assembly met again on the first Action of
of March, 1660, at James City, when the burgesses'^^i'y
again declared the whole power of the government to after th?
be in their own hands by enacting that, of Richard
" I. Whereas, by reason of the late frequent distrac- J™611'
tions (which God in his mercy put a sudden end to) 1660. '
there being in England, no resident absolute and gen- ^^"f _
erall confessed power, Be it enacted and confirmed, that dared to
the supreme power of the government of this country _A^ml)j®
shall be resident in the assembly; and that all writs
issue in the name of The Grand Assembly op Virginia, Wliu t0
until such a command and commission come out of issue in its
England as shall be by the assembly adjudged lawful.
"II. Be it enacted, that the honourable Sir William
Berkeley „be governour and captain generail of Virginia; Berkeley"1
and that he govern according to the ancient laws of appointed
England and the established laws of this country. And 1660. '
that all writs issue in the name of the grand assembly
of Virginia ; that once in two years at least he call a His pow-
grand assembly, or oftener if he see cause; that heera>&c-
have liberty to make choice of a secretary and councel
of state, with the approbation of the assembly; and
that he do not dissolve this assembly without consent
of the major part of the house.
" III. Be it further enacted, that all precedent laws, and Repealing
clauses in laws, contrary to the laws, power, and formAct
of government now established, be reversed, repealed,
made void and null.
On being notified of his election Sir William Berkely
asked leave of the assembly to advise with the late
council soliciting their concurrence in his acceptance
of the office, whereupon, it was — " Ordered, that he have
free liberty of treating with them, and that his letter,
and their subscription approving his election, be record
ed." He then sent in his acceptance of the office, when Sir William
it was further — "Ordered tliat the declaration of Sir Berke.leT,accepts tne
William Berkeley, knight, to be governor and capt- office of
generail of Virginia, and to enjoy the obedience of the 0Te^l0^•
11

162 THE GOVERNMENTAL HISTORY OF
Part i. Virginia,
Action of people, be forthwith proclaimed by the high sheriff of
bly, 166™' James Citty county, and the declaration to be recorded."
The following act was then passed for the more perfect
security of the present government.
" XI. Whereas it was enacted by the last assembly ;
That Coll. Samuel Mathews should be governour for two
years, and the councel of state fixt during life, It is
thought fitt, and enacted, that in regard to the then gov
ernour and councel dissolved the said assembly and ex
pressly declined the said act, that the said act be repealed
* l Hen- an<^ *ne privilege and power of the secretary and coun-
ning, 530. cil of state annihilated, made null and void." *
Non-at- An act was also passed providing that in case any
of bur- member of the house of burgesses failed to make his
gesses. appearance in the house during its session, without a
reasonable excuse to be judged of by the house, he
should be subjected by a fine of three hundred pounds
of tobacco, to be disposed of by the assembly.
Assembly The assembly was subsequently adjourned, without
toJMarch, being dissolved, till March, 1661, previous to which
1661. adjournment it was enacted, that in the interval, none
Burgessesnot to ac- of the then present burgesses should accept any office
cept office, -flrhich -would disqualify him for membership, under a
" penalty of ten thousand pounds of tobacco for the
contempt."
Restora- Charles II. was restored to the throne, as the lawful
Charles II. sovereign of the kingdom of Great Britain, on the
i«fir>29' twenty-ninth day of May, 1660 ; and notwithstanding
the foregoing prorogation of the assembly, it met again
on the twenty-third day of October of the same
Grand As- year.
SGHlljlv OI
Oct. i66o! This must have been a special session, but for what
particular purpose it was convened, and whether by
proclamation of the governor or by a special summons,
we have no reliable means of ascertaining. It would
naturally seem to have had reference to the restoration
of Charles IL, and yet I find among the records no.

THE UNITED STATES OP AMERICA. 163
UPON THE RESTORATION OF CHARLES II. PART I.
more special reference to that event than that Sir Wil- Assembly
liam Berkeley is styled " his majesty's governour." i660°
It appears, from the acts* of this session, that an Royal style
effort was now being made by the late London com-°,no®^°v*
pany, to procure the restoration of their charter. To stored.
counteract this the assembly enacted that — " Whereas revive «ie°
the necessity of the countrey being in danger of the London
oppression (of the late f) company and the loss of our . Not in '
liberties, for want of such an agent in England as is the Ms-
able to oppose the invaders of our freedoms and truly
to represent our condition to his sacred majesty, en- Colonial
forceth the employing a person of quality to present °Ppositi<ra
our grievances to his majesty's gracious consideration
and endeavour the redress, which the right honourable
Sir William Berkeley, his majesty's governour, hath
been pleased to undertake. Be it therefore enacted,
that there be raised by the countrCy, the sum of two
hundred thousand pounds of tobacco and cask, for his,
Sir William Berkeley's support in his voyage ; and that
payment be made thereof by the twentieth of January
in York River and James River, to such persons as his
honor shall appoint; and that the secretary of state
and speaker of the assembly sign a manifesto to the
governour of the country's engagement for payment
thereof." The assembly met again in March, 1661. The acts of Assembly
this session were prefaced as being passed "At a grand °g6Marcb'
assembly, summoned to be held at James Citty, the gtyje 0f ;tg
twenty-third day of March, in the twelfth year of tliesess!on-
reign of our sovereign lord, Charles, the second ; by
the grace of God, of England, Scotland, France and
* Note. Henning places these acts in the session of March 23d, 1660-61,
though he says the MS. record dates them at 1660, simply. It is impossible
that it could have been the session of March, 1660, for that was before
the restoration of the monarchy. I think the MS. is sustained by refer
ring the date to the October session of 1 660. Then, too, the date 1660-61,
may include it as a part of the session of March, 1660, which was ad
journed to March, 1661.

164 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,

Assembly Ireland, king, defender of the faith, io., and in the
1661. ' year of our Lord, 1660 — And from thence continued
Its pro- by prorogation to the twenty-third day of March,
*2 Hen-' 1661."* This, with the preamble to the laws enacted
ning, 17 at this session, being historical in their character and
ap " references, form the best, illustration that can be given
of the position, and relations of the colony with the
government of the mother-country at this time. The
preamble recites,
The dis- " Whereas, the late unhappy distractions eaused frer
tradH°th <meQt changes in the government of this countrey, and
common- those produced so many alterations in the laws that the
wealth. pe0pie knew not well what to obey, nor the judges what
to punish, by wliich means injustice was hardly to be
avoided,, and the just freedom of the people by the
uncertainty and harshness of the laws hardly to be pre
served — This assembly taking the same into their seri-
rious consideration, and. gravely weighing the obligar
tions they are under to discharge to God, the king and
the countrey, have by settling the laws, diligently en
deavored to prevent the like inconveniences ; by causing
the whole body of the laws to be reviewed, all unneces
sary acts and chiefly such as might keep in memory
our inforced deviation from his majesty's obedience,
of Colonial to be repealed and expunged ; and those that are in
Laws, &c. |orce to j^ br0Ug>ht, into one volume ; And least any
prejudice might arise, by the ignorance, of the times
irom whence those acts were in force, they have added
the dates of every act, to the end that courts might
rightly administer justice, and give sentence according.
to lawj for any thing happening at any time since any
law was in force; and have also endeavored in all
things (as near as the capacity and constitution of this
countrey would admit) to adhere to those excellent and
pften refined laws of England, to which we profess and
Intention acknowledge all due obedience and reverence."
of the re- » And that the laws made by us are intended by us
* " but as brief memorials of that which the capacity of

THE UNITED STATES OP AMERICA. 165
UPON THE RESTORATION OF CHARLES II. PART I.
our courts is utterly unable to collect out of its vast Action of
Volumes, though some times perhaps for the difference ^ im?
of our and their condition varying in Small things, but
far from the presumption Of Contradicting ariy thing
therein contained: And, because it is impossible to
honour the king as We should unless we serve and fear
God as we ought, and that they might show their equal
eare of church and state, they have set down certain Union of
rules to be observed in the government of the church, gJ1a"gChand
until God shall please to turn his majesty's pious
thoughts towards us, and provide a better supply of
ministers amongst us.
"Be it therefore enacted by the governmr, councel awe? Style of the
burgesses of this grand assembly, that all the following
laws continued or made by this assembly shall here
after be reputed the laws of this country, by which all
courts of judicature are to proceed in giving of sen
tence, and to which all persens are strictly required to
yield all due obedience ; and that all otlier acts not in ah others
this collection mentioned be to all intents and purposes rePealed-
utterly abrogated and repealed, unless suit for any
thing done be commenced when a law now repealed
was in force, in which case the producing that law shall
excuse any person for doing any thing according to the ning, 41
tenour thereof."*
Without any of those open demonstrations Of loyalty
erroneously attributed to her by different historians, it
is evident nevertheless that the colony of Virginia
easily and readily passed into a position of allegiance
to the regal power now again established over the
parent nation, and became again, in all her sympathies,
her aims, her enactments, and her appliances of gov
ernment and administration, a royal colony — The pro
ceedings of her general assembly evince the alacrity ,
with which she flew to the embraces of monarchy, with
all the eagerness of a long wandering child coming
back to its dependence on the tender care and endear
ing protection of a venerated parent : She volunteers

166

THE GOVERNMENTAL HISTORY OF

Part I.

The gov
ernmentsurrendersitself back
to royalty.
Royal style
of the gov
ernor re
vived.

Othermarks of
loyalty.

Allegianceto Charles
II.

* 2 Hen
ning, 49.

to give to her chief executive officer a style wliich
imports that he holds his place in subjection to the
crown : She dates the sessions of her assembly in the
year of the king instead of the year of the common
wealth, reckoning his reign as if no such usurpation
had ever existed : She refers to the years of its exist
ence as years of painful uncertainty and suffering,
wherein she was forced to deviate from the path of
duty and learned the bitter experience of an infant
orphanage. An experience, by the way, which for her
and for those who were thereafter to inherit and enjoy
the government and institutions of which she was thus
laying the foundation, fruitful of important events and
oracular developments.
But she still further hallows her loyalty in the re
vised code of laws established at this session of her
assembly. She deprecates her "late surrender and
submission to the execrable power that so bloodily
massacred the late king Charles the first, of ever
blessed and glorious memory," as making her a guilty
participant in its crimes, and " to show her serious and
hearty repentance and detestation of that barbarous
act," she enacts " that the thirtieth day of January,
the day the said king was beheaded, be annually sol
emnized with fasting and prayers, that our sorrows
may expiate our crimes, and our tears wash away our
guilt." She further consecrates her allegiance by acts of
gratulation to Charles H., and expresses her "thank
fulness and joy " at his restoration, by enacting " that
the twenty-ninth day of May, the day of his majesty's
birth and happy restitution, be annually celebrated as
an holyday ; "* while she provides that the oaths of
supremacy and allegiance should thereafter be admin
istered to all her higher officers, to her inferior magis
trates, and to her ministers of religion.
From this period onward, the whole fabric of govern-:
ment and administration in the colony, whether execu-

THE UNITED STATES OF AMERICA. 167
DURING THE REIGN OF CHARLES II. PART I.
tive, legislative, or judicial; whether in its civil or Her char-
ecclesiastical polity, was but a miniature exhibition of *^jjj^,°
the constitutional forms of the mother country. The and policy
provisions besides those I have already alluded to, ment°Vem"
which developed her characteristic qualities in con
trast, if I may so say, with those of New England, had <
reference more particularly to her religious establish
ment. Her clergy were required to receive ordination Herclergy.
at the hands of an English bishop, and none but those
thus consecrated to the sacred .office were permitted to
exercise its functions in the colony. She provided by
law for the establishment of parishes, the erection of
churches, and the ordination, induction, support, and
suspension of ministers. She visited with fines and
banishment all those of any other order, origin, or Church or-
denomination, who attempted to preach within her mnancea-
precincts without permission. She enforced the hal
lowing of the sabbath and the observance of holy-
days ; she regulated by statutory provisions the preach
ing of the gospel, and prescribed and limited the times
for administering and receiving the holy eucharist
and the rite of baptism. She also enacted that "It is Religious
thought fitt that upon every Sunday the mynister shall, teaohinS'
halfe an houre or more before evenenge prayer, exam
ine, catechize, and instruct the youth and ignorant
persons of his parish, in the ten commandments, the
articles of the beliefe, and in the Lord's prayer : and
shall diligentlie heere, instruct, and teach the cate
chisme sett forthe in the booke of common prayer:
And all fathers, mothers, maysters and misstrisses shall Duties of
cause their children, servants, or apprentizes, which andfmM-
have not learned the catechisme, to come to the church *e™ in ref-
at the tyme appointed, obedientlie to heare, and to be " '
ordered by the mynister untill they have learned the
same. And yf any of the sayd ffathers,. mothers,
maysters and misstrisses, children, servants, or appren
tizes, shall neglect theire duties, as the one sorte in not
causing them to come, and the other in refusinge to

168 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Her char- learne as aforesayd, they shall be censured by the corts
Qualities0 *n those places holden." These duties were also
and policy enforced by pecuniary penalties inflicted upon both
ment!^™" ministers, parents, and masters, in case of negleet or
omission "without sufficient cause be shown to the
contrarie." The governor and all the councill and bur
gesses of the assembly were ordered, Upon the penalty
of one shilling for neglect, " to be, present at divine
*Hen- service in the morning."* In a word, the established
Statutes church of England, with its canons and its ordinances,
at large, its doctrines and its discipline and forms of worship,
its fast and festival observances, was the established
church of the colony of Virginia. Non-conformists
were obliged to quit the country. Marriages were
required -to be celebrated by a regularly ordained
priest in the parish church, upon publication of the
bans and according to the ceremonial prescribed in the
book of common prayer. Those otherwise celebrated
were declared null and void, the issue of them pro^
nounced illegitimate, and the parties punished as
guilty of fornication. The clergy were provided for
by glebes and tithes, non-residence was prohibited, and
a personal, strict, and regular performance of all paro
chial duties was insisted upon. The laws also which
regulated the descent and distribution of estates were
conformable with the same in England.
Population The peaceful and prosperous rule of Sir William
d?tion°at Berkeley continued, with occasional absences in Eng-
theresto- land, down to the year 1677, making in the whole
thirty-six years from the time of his first appointment
in 1641. In the mean while the population of the
colony had increased with a singular rapidity, and at
the time of the restoration it numbered more than
' thirty thousand inhabitants. The restrictions to which
they were afterwards subject by the parent government
were but few, and were not regarded with hostility,
being principally of a nature to secure their relations
and allegiance to, and to regulate their trade with, the

THE UNITED STATES OF AMERICA. 169
DURING THE REIGN OF CHARLES II. PART I.
northern colonies and the mother Country. Industry
and frugality were successful in all the occupations of
life, while her commercial relations were so defined as
to encourage trade, to promote naval enterprise, to
give security and the prospect of an improving revenue
to the mercantile interests, and to encourage the me
chanic arts.
In the year 1670, a series of enquiries were pro- Govt
pounded to Sir William Berkeley, by The Lords com- 1^1^8
missioners of foreign plantations, which were returned 1671.
to England, with the answers of the governor appended
to each interrogatory, in the following year. This
document, emanating from a man so capable, from
his long residence in and familiarity with all the
affairs of the colony, to give the desired information,
and illustrating, as it does, the condition of the colony
at its date, becomes peculiarly valuable as a portion of
her governmental history. I give the questions with
the answers.

"Enquiries of the Governor of Virginia,
propounded in 1670.
1. What councils, assemblies, and courts of judi- Councils,
cature, are within your government, and of what anSd Courts!
nature and kind ? Answer. There is a governour and
sixteen counsellors, who have from his sacred majesty,
a commission of oyer and terminer, who judge and
determine all causes that are above fifteen pounds
sterling ; for what is under, there are particular courts
in every county, which are twenty in number. Every
year, at least, the assembly is called, before whom lye
appeals, and this assembly is composed of two bur
gesses out of every county. These lay the necessary
taxes, as the necessity of the war with the Indians, or
their exigencies, require.
2. What courts of judicature are within your gov- Admiralty.
ernment, relating to the admiralty? Answer. In
twenty-eight years there has never been one prize

170 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Gov'r brought into the countrey, so that there is no need for
ReporUn a particular court for that concern.
1671. 3, Where the legislative and executive powers of
Legislative y0ur government are seated? Answer. In the gov-
and execu-
tive pow- ernour, councel, and assembly, and officers substituted
era- by them.
Laws and 4. What statute laws and ordinances are now made
ceB- " and in force ? Answer. The secretary of this countrey
every year sends to the Lord Chancellor, or one of the
principal secretaries, what laws are yearly made ; which
for the most part concern only our own private exigen-
. cies ; for contrary to the laws of England, we never
did nor dare make any, only this, that no sale of land
is good and legal, unless within three months after the
conveyance it be recorded in the general court, or
county courts.
Military 5. What number of horse and foot are within your
orces. ^ government, and whether they be trained bands or
standing forces ? Answer. All our freemen are bound
to be trained every month in their particular counties,
which we suppose, and do not much mistake in the cal
culation, are near eight thousand horse : there are
more, but it is too chargable for poor people, as we are,
to exercise them.
CaBtiesand 6. What castles and forts are within your govern-
forts. ment, and how situated, as also what stores and pro
visions they are furnished withal? Answer. There
are five forts in the country, two in James River, and
one in the three other rivers of York, Rappahanock and
Potomek ; but God knows we have neither skill or
ability to make or maintain ; for there is not, nor, as
far -as my inquiry can reach, ever was one engineer in
the country, so that we are at continual charge to
.repair unskillful and inartificial buildings of that nature.
There is not above thirty great and servicable guns ;
powdeT*1 this we yearly supply with powder and shot as far as
our utmost abilities will permit us.
Privateers. . 7. What number of privateers do frequent your coasts

THE UNITED STATES OF AMERICA. 171
DURING THE REIGN OF CHARLES II. PART I,
and neighboring seas ; what their burthens are ; the Gov'r
number of their men and guns, and the names of their fg61^1^'8
commanders ? Answer. None to our'knowledge since i6n.
the late Dutch war.
8. What is the strength of your bordering neighbors, Neighbors,
be they Indians or others, by sea and land, what cor- ^cdians'
respondence do yOu keep with your neighbors ? An
swer. We have no Europeans seated nearer to us than
St. Christophers or Mexico that we know of, except
some few French that are beyond New England. The
Indians, our neighbors, are absolutely subjected, so that
there is no fear of them. As for correspondence we
have none, with any European strangers; nor is there
a possibility to have it with our own nation further than
our traffick concerns.
9. What arms, ammunition, and stores did you find Arms and
upon the place, or have been sent you since, upon his™^"7
majesty's account ; when received ; how employed ;
what quantity of them is tliere remaining and where ?
Answer. When I came into the country, I found one
only ruinated fort, with eight great guns, most unserv- Great
icable, and all dismounted but four, situated in a most suns-
unhealthy place, and where, if an enemy knew the
soundings, he could keep out of the danger of the best
guns in Europe. His majesty, in the time of the Dutch
war, sent us thirty great guns, most of which were lost
in the ship that brought them. Before or since this we
never had one great or small gun sent us, since my SmaU
coining hither ; nor, I believe, in twenty years before : euns-
all that have been sent by his sacred majesty are still
in the countrey, with a few more we lately bought.
• 10; What monies have been paid, or appointed to be Arms, for-
paid, by his majesty, or levied within your government, I6?*4""18.
for and towards the buying of arms or making or main
taining of any fortifications or castles, and how have
the said monies been expended? Answer. Besides
those guns I mentioned, we never had any monies
of his majesty towards the buying of ammunition, or

172 THE GOVERNMENTAL HISTORY OF
Part I. . Virginia,
Gov'r building of forts. What monies can be spared out of
report in8 the public revenue, we yearly lay out in ammunition.
1671. ll. What are the boundaries and contents of the
ic^the *an<* ^thin your government ? Answer. As for the
colony, boundaries of our land, it was once great, ten degrees
in latitude, but riow it has pleased his majesty to con
fine us to half a degree. Knowingly I speak this, pray
God it may be for his majesty's service but I much fear
the contrary.
Products 12. What commodities are there of the production,
facturesnU" Sfowtn and manufacture of your plantation ; and par
ticularly what materials are there already growing, or
may be produced for shipping in the same ? Answer.
Commodities of the growth of our country, we never
Tobacco, had any but tobacco, which in this yet is considerable
that it yields his majesty a great revenue, but of late
Silk. we have begun to make silk, and so many mulberry
trees are planted, and planting, that if we had skillful
men from Naples or Sicily to teach us the art of mak
ing it perfectly, in less than half an age, we should
make as much silk in- an year as England did yearly
expend three score years since ; but now we hear it is
^ grown to a greater excess, and more common and vul-
Shipping. gar usage. Now, for shipping, we have admirable
Iron-ore. masts and very good oaks ; but for iron ore, I dare not
say there is sufficient to keep one iron mill going for
Seven years.
Salt-petre. 13. Whether salt-petre is, oi* may be, produced with
in your plantation, and if so, at what rate may it be
delivered in England ? Answer. Salt-petre, we know
of none in the country.
Rivers and 14. What rivers, harbors, or. roads are there in or
harbors. ai30Ut your plantation and government, and of what
depth and soundings are they ?. Answer. Rivers, we
have four, as I named before, all able, safely and seve-
Popula- ra%j to bear and harbor a thousand ships of the great*
tion, plant- est burthen.
pro KprV"
ant's &c. 15. What number of planterSj servants, and slaves ;

THE UNITED STATES OF AMERICA. 173
DURING THE REIGN OF CHARLES II. PART I,
and how many parishes are there in your plantation ? Gov'r
Answer. We suppose, and I am very sure we do not fepmf in *
much miscount, that there is in Virginia above forty 1671.
thousand persons, men, women and children ; and of
which there are two thousand black slaves, six thou
sand christian servants for a short time, the rest are
born in the countrey or have come in to settle and seat,
in bettering their condition in a growing countrey,
16. What number of English, Scots, or Irish, have Annual in
fer these seven years last past come yearly to plant and*™.^1""
inhabit within your government ; as also what, blacks or turers, &c.
slaves have been brought in within, the said time ?
Answer. Yearly, we suppose there comes in, of serv
ants, about fifteen hundred, of which most are English,
few Scotch, and fewer Irish, and not above two or three
"ships of negroes in seven years,
17. What number of people have yearly died, within Deaths an-
your plantation and government for these seven years. nua y"
last past, both whites and blacks ? Answer. All new
plantations are, for an age or two, unhealthy, till they
are thoroughly cleared of, wood ; but unless we had a
particular register office, for the denoting of all that
died, I cannot give a particular answer to this query ;
only this I can say, that there is not often unseasoned
hands (as we term them) that die now,. whereas hereto
fore not one of five escaped the first year.
18. What number of ships do trade yearly to and ships and
from your plantation, and of what burthen are they ? trade-
Answer. English ships, near eighty come out of Eng
land and Ireland every year for tobacco ; few New-Eng
land ketches ; but of our own, we never yet had more
than two at one time, and those not more than twenty
tons burthen.
19. What obstructions do you find to the improve- impedi
ment of the trade and navigation of the plantations ments t0
° x commerce.
within your government? Answer. Mighty and de
structive, by that severe act of parliament wliich ex- Navigation
eludes us the having any commerce with any nation; act-

174 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Gov'r in Europe but our own, so that we cannot add to our
rep'ortin S plantation any commodity that grows out of it, as olive
i6Vi. trees,- cotton or vines. Besides this, we cannot pro
cure any skillful men for one now hopeful commodity,
silk, for it is not lawful for us to carry a pipe stave, or
a barrel of corn, to any place in Europe out of the
king's dominions. If this were for his majesty's serv
ice, or the good of his subjects, we should not repine,
whatever our sufferings are for it, but, on my soul, it
is the contrary for both. And this the cause why no
small or great vessels are built here ; for we are most
T.. , ,. obedient to all laws, whilst the New-England men break
Disloyalty ' D . .
of New- through and men trade to any place that their mter-
Engiand. ests lead them.
Improve- 20. What advantages or improvements do you ob-
trade, &c. serve that may be gained to your trade and navigation?
Answer. None, unless we had liberty to transport our
pipe staves, timber and corn, to other places besides the
king's dominions.
Duties on 21. What rates and duties are charged and payable
andim- upon any goods exported out of your plantation,
ports. whether of your own growth or manufacture, or other
wise, as also upon goods imported ? Answer. No
goods, either exported or imported, pay any the least
duties here, only two shillings the hogshead on tobacco
exported, which is to defray all public charges ; and
this year we could not get an account of more than
fifteen thousand hogsheads, out of which the king
Salary of allows me a thousand yearly, with which I must main-
crnof°T" tain the port of my place, and one hundred interven
ing charges that cannot be put to public account. And
I can knowingly affirm, that there is no government of
ten years' settlement, but has thrice as much allowed
him. But I am supported by my hopes that his gra
cious majesty will one day consider me.
Revenue 22. What revenues do or may arise to his majesty
Kng.6 within your government, and of what nature is it ; by
whom is the same collected ; and how answered and

THE UNITED STATES OF AMERICA. 175'
DURING THE REIGN OP CHARLES II. PART I.
accounted to his majesty ? Answer. There is no rev
enue arising to his majesty but out of the quit-rents ;
and this he hath given away to a deserving servant, Col.
Henry Norwood.
23. What course is taken about the instructing the Parishes,
people within your government in the christian relig- }£° ™°n
ion ; and what provision is there made for the paying clergy, ed-
of your ministry ? Answer. The same course that is cua 10n c'
taken in England out of towns ; every man according
to his ability instructing his children. We have forty-
eight parishes, and our ministers are well paid, and by
my consent should be better if they would pray oftener
and preach less. But of all other commodities, so of
this, the worst are sent us, and we had few that we
could boast of since the persecution in Cromwell's tyr
anny drove divers worthy men hither. But, I thank
God there are no free schools nor printing, and I hope
we shall not have these hundred years ;* for learning * 2 Hen-
has brought disobedience and sects and heresy into the nmg' 611,
world, and printing has divulged them. God keep us
from both."

On the twenty-fifth day of February, in the year
1673, Charles II. made a grant of the whole colony of theacrown
Virginia to Lords Arlington and Culpeper, two of his *? £ords
favorites, for the term of thirty-one years. This strange and Cui-
and improvident act invested the patentees with a pro-Feberi673!
prietary title and government over the country. It
was exceedingly irritating to the people of the colony ;
it gave rise to great discussion and excitement and
tested their loyalty almost beyond the limit of endur
ance. The agitation found its fittest out-break, where
all such matters were usually disposed of, in the house in the col-
of burgesses. The first act of the grand assembly held ony-
in September, 1674, and which had been prorogued to
this date from October of the previous year, is pointed
in its reference to this subject. It was entitled as
follows :

176 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
The grant "An act for an address and application lo be made to
to Lords ', i . , „ . ,, , .T
Arlington the king s most excellent majesty, ana recited
and Cul- a Whereas this grand assembly are deeply sensible
peper. D * r J
of the many and grievous pressures that are daily
?r0C(j®d" growing and still likely to grow, and be imposed upon
upon by the inhabitants of this his majesty's royal colony of
assembly Virginia, by certain Lords patentees, who under colour
of Sept. and pretence of promoting the good of the colony and
augmenting his majesty's revenues have obtained cer
tain letters pattents and grants derogating, and in preju
dice of, many royal concessions and grants from time to
time made by his majesty, and his royal progenitors, in
Its effect favor to this colony, all which, as justly may be feared,
upon their the said lords 'by tlieir deputies and ministers will en-
interests, deavor to make void and of none effect, by imposing
new rents and services, altering the form of our ten
ures, compelling to new surveys and new pattents,
imposing fines and compositions on surplusages, lands
and lapses, at their will and pleasure, by nomination of
sheriffs, escheators, surveyors, and other officers ; and
in effect divesting the government of those just powers
and authorities by which this colony hath hitherto been
kept in peace and tranquility, and all men's rights and
properties duly administered and preserved unto them.
Resolution " And whereas this grand assembly, on great delib-
dresTto " oration, have considered by what convenient ways and
the king, means those agrievances might be removed ; how our
liberties, privileges, immunities, rights and properties,
might be had, made, and established to us and our pos
terity ; have thought fitt that a humble supplication be
made to his sacred majesty, by this grand assembly,
in the name of this his majesty's most loyal colonies,
setting forth as well, by what royal grants and conces
sions his majesty and his royal progenitors, have, from
time to time, been graciously pleased to-indulge this
colony ; the grievous pressures likely to grow upon us
by reason of the late grants to the lords ; that his maj-,
esty would be graciously pleased to revoke tlie said

THE UNITED STATES OP AMERICA. ITT
DURING THE REIGN OF CHARLES II. PART I.
grants to the said lords ; and for securing us from our Action on
fears, in time to come, of being removed from his niaj- J^S™"*
esty's immediate protection, to confirm our liberties, Arlington
privileges, immunities, rights, and properties as afore- peper,
said, by his majesty's royal charter ; and that certain Sept- 16W-
gentlemen in whose honor, integrity and care, for pro
moting the good of this country, this grand assembly
have a just confidence, be desired to address them
selves to his majesty in the name of this colony, and to
negotiate in England all other public affairs of this
country. " And because it is manifest that a work of this Provision
nature is not to be undertook or effectually prosecuted, J^P™™™
without money, and that we be not imprudently want
ing to ourselves in a matter of so great importance,
this grand assembly have thought fitt that a sum of Levy of
money be raised of and from the inhabitants of this therefor.
countrey to be used, employed, and expended towards
the accomplishment of the ends and purposes afore
said ; Be it therefore enacted, by the governour, cojmcel,
and burgesses of this grand assembly, and by the author
ity thereof, that fifty pounds of tobacco besides cask
and salary, be levied of and from every tithable person
witliin this colony this present year ; And fifty pounds
of tobacco besides cask and salary the next year ; And
that this be disposed of to several undertakers at the
rate of eight shillings per cent., for producing money * Appor-
as aforesaid for accomplishing the ends and purposes a3°ess-he
aforesaid in manner and form following," &c* ment.
Pursuant to the provisions of this act three agents
were appointed, Col. Francis Morryson; Thomas Lud-
well, secretary; und Major General Robert Smith ; y^Yg
Early in the next year they opened the negotiation for negotiate
the repeal of the obnoxious grant, and for a new char
ter to the colony, by submitting sundry " heads " as
the basis of their propositions ; accompanying each
with appropriate explanations : The propositions for a
new charter were, 12

178

THE GOVERNMENTAL HISTORY OP

Part I.

Negotia
tion and
proposi
tions for a
new char
ter, 1675.

Power of
granting ¦
lands.

Their de
pendence
upon the
Crown.

Object of
this prop
osition.

Titles to
lands.

"1st Head. That Virginia may be enabled, by the
king's letters pattents, by the name of " governour,
councel and burgesses " to purchase and hold the grant
of the northern neck or tract of land between the Rap-
pahanock and Potomack rivers, which had been con
veyed to the Earl of St. Albans, Lord Culpeper and
others. "Explanation, of the first head. That by incorporating
the governour, councel, and burgesses, (a term which
they disapprove of, if any better mode could be
devised,) they only wish that they may have capacity
to purchase two grants which had been made of the
northern neck, and which excited great uneasiness
among the people ; that the power of granting the
lands within that territory may reside in the governour
and councel as formerly ; and that the colony of Vir
ginia may, after the purchase, enjoy the quit-rents and
escheats in the same manner as the patentees, they
being the only source from which the colony can be
reimbursed their purchase money.
"2d Head. That the people of Virginia may be
assured that they shall have no other dependence but
on the crown, nor be cantonized into parcels by grants
made to particular persons. And to prevent surrepti
tious grarits, that none be made for the future, till the
king shall have received information from the gov
ernour and councel of Virginia, as to the propriety of
making them.
" Explanation of the second head. Nothing more is
intended by this head, than that the people of Virginia
should rely on the crown alone for protection. No
unlimited power is asked for, nor any grant which
shall lessen the authority of the king.
" 3d Head. That all lands may be assured to the
present possessors and owners thereof.
"Explanation of the third head. This, the agents
consider essential to the peace and welfare of the
colony. The inhabitants, in confidence of their grants,

THE UNITED STATES OP AMERICA. 17Q
DURING THE REIGN OP CHARLES II. PART I.
having expended their estates in the improvements of Negotia-
their lands, it is all important that they should betI0nand
' r ¦ ' proposi-
assured of their titles. . The agents also pray that the tions for a
.usual allowance of fifty acres of land for each person ^uisJ
imported, which experience had proved to be so bene
ficial, may be continued.
" Uh Head. That all lands held by right of adminis- Possession
tration, acquisition, or other customary title, which in °d lands?*"
strictness of the law might be escheated, may be
assured to the possessors ; the escheators for the
crown taking only two pounds of tobacco per acre,
according to a former composition, for escheats.
"Explanation of the fourth head. .It having been Necessity
discovered, on enquiry, that a great number of theof *¥?
.... ° provision.
inhabitants held their lands by right of administration
and other colorable titles, whicli, for want of heirs,
were by law escheated to the crown ; the governour and
councel with the advice of the grand assembly, in
order to avoid the inconveniences which should result
from disturbing so many possessions, established a gen
eral composition for escheats at the above rate. As no
emolument could accrue to the crown from granting
those lands to new adventurers, the agents pray that
the possessors may be quieted in their titles.
" Sth Head. That the governour and councel may be Besidence
residents in the colony ; and that the deputy governour, °rnor Ind
in the absence- of the governour, may be one of the c°u»cil.
councel, and such as has an estate and interest in the
countrey. "Explanation of the fifth head. This is not a new Nature of
proposition, nor does it arise from groundless fears. It this Pr0P°-
,, . , . , . ,, . . sition.
is no more than is contained in the commissions of all
the governours since the foundation of the government ;
and is only intended to guard against the powers of the
government devolving upon strangers who have no
interest in the country, during the absence of the gov
ernour, and that the king himself may have a better
account of the countrey.

180

THE GOVERNMENTAL HISTORY OF

Part I.

VIRGINIA,

Negotia tion and
propositions for a
new Char
ter, 1675.
Judicialpowers.

Taxes.

Reasonsfor this
proposition.

Taxation
without
Consent.

Concededby James
I.

"6th Head. That the governour and councel, or a
quorum of them, may be fully empowered hy charter
to hear and determine all treasons, misprisions of
treason, murders and felonies ; since the government,
being so remote, ought to be armed with such powers.
"Explanation of the sixth head. Nothing more is
intended by this than that, instead of a commission of
oyer and terminer, there may be a standing provision
in the charter conferring such powers.
" 1th Head. That there shall be no tax or imposition
laid on the people of Virginia but according to their
former usage, by the grand assembly, and no otherwise.
"Explanation of the seventh head. 1. The agents
hope that this request will not be deemed immodest,
when it is considered that both the acquisition and
defence of Virginia have been at the charge of the
inhabitants ; and that the people, at that time, were at
the expense of supporting not only the government
but the governour, which occasioned their taxes to be
very high, and which must every year increase with
the growth of the coUutray."
"And further, As to the point whether the Virgin
ians are in reason to be assured under his majesty's
great seal, that they shall not be taxed without their
own consent —
"1. It is humbly Conceived, that if his majesty
deduce a colony of Englishmen by their own consent
(or otherwise he cannot) or license or permit one to
be deduced, to plant an uncultivated part of the world,
such planters and their heirs ought to enjoy «by law in
such plantation, the same liberties and privileges as
Englishmen in England ; such plantation being but in
nature of an extension or dilation of the realm of
England. " 2. King James did, by the charter to the treas
urer and company, declare that their posterity and
descendants born in Virginia, should be taken as
natural born subjects of England; (as in truth, without.

THE UNITED STATES OP AMERICA. 181
DURING THE REIGN OE CHARLES II. PART I,
any declaration, or grant,, they ought hy law to be,) Ne.go.tia-
which charter, although for the misgovernment of the tl0n *".*•
company it were demanded in a. quo warranto, yet did tions for a
the said king forthwith promise and declare, that a ^167^
charter should be renewed with the former privileges
to the planters, at whose instance. and for whose sake,
tlie former charter was called in.
"3. Neither his majesty nor any of his ancestors, or Anient
predecessors, have ever offered to impose any tax upon sase"
this plantation, without the consent of his subjects here,
" 4. Nor upon any other plantation? how much less Usage in
soever deserving of or considerable to the crown, colonies.
New England, Maryland, Barbadoes, &c, are not. taxed
but of their consent.
"5. As to their land, the Virginians are freeholders
in common, as of the Manor of East; Greenwich.
^'6. Their goods, the product of the industry of Revenue to
themselves and servants, being the principal part of e s-
their estates, (in respect, whereof their lands are of con
siderable value,) yield to the king, in his customs, at
least one hundred thousand pounds per annum..
" 7. The acquisition and defence of the countrey was, Expenses
and is, by the blood and treasure of the former and pres- the coun?g
ent planters and seaters ; never costing the crown of **?•
England anything in all their way..
*'8. Their taxes already are, and must continue, Present
high upon them for the maintenance and support of the taxes.
government, execution of law and justice, and defence
and ornament of the countrey ; erecting and endowing
of ehurehes; maintenances of ministers, of English
ordination, doctrine and liturgy ; building and furni
ture of ports, ships of war, towns, &e,
" 9. Their course of taxing (which ia ever only per 7»l«e of
poll) showeth how far the personal industry of the m us ry*
people is and ought to be valued above their lands and
stocks. Exemption
"10. The. petitioners have an express charge to insist tfo^in^
on this partieular, and sinee they find their right listed.

182 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Negotia- herein to be questioned, they find it necessary to have:
prtiposi- this particular cleared, and the referees herein satisfied
tions for a before they proceed to any other.
ter, 1675. Wi Head. A confirmation, by charter, of the au
thority of the grand assembly, consisting of governour,
Councel, and burgesses.
Continu- Explanation of the Wi head. That is, in effect, only
present* * to as^ that the laws made, in Virginia, may be of force
govern- and value, since the legislative power has ever resided
in an assembly so qualified ; and by fifty years experi
ence had been found a government more easy to the
people and advantageous to the crown ; for, in all that
time, there had not been one law which had been com
plained of as burthensome to the one, or prejudicial to
The king's the prerogative of the other. And though the king
of "hen- na^ always a negative, by his governour ; yet the colo-
laws- nists would not object to the king's exercising the
power of disannulling a law, so that his dissent be sig
nified within two years after the enacting of it. For
* 2. Hen- which purpose the laws should be annually transmitted
ning, 523- to one of his principal secretaries of state.

jj*

These propositions were submitted to parliament
and on the twenty-fifth day of June, they were re
ferred by the lords of the committee for foreign planta
tions to the king's attorney and solicitor general. They
reported them back to the same committee on the elev
enth of October following, who submitted the same
Report of report to the king, making it their own by a change of
and action the phraseology, substituting the words " your majesty"
°f *? for the words " his majesty." The report is embodied
council in the action of the king and councel thereupon which
thereupon. wag asfollowg.
"At the Court at Whitehall, November 29th, 1675.
Present, the king's most excellent majesty, etc. :
Whereas the right honorable the lords of the com
mittee for forrain plantations, did this day present to
his majesty in councel, a report" touching a grant to be-

THE UNITED STATES OF AMERICA. 183
VdRING THE REIGN OP CHARLES II. PART I.
past unto his majesties subjects of Virginia in the words Action of
following: ^cotfil
"May it please your Majesty. The petition of Francis uP°n the
Morryson, Thomas Ludwell and Robert Smith, agents for-the com-
the governour, councel, and burgesses of the countrey mitte1'6l7B
of Virginia and territory of Accomac, being by your
majesties most gracious order, in council, of the 23d
June last past, referred to your majesties attorney and
solicitor general, who were to consider thereof, as also
of a paper annexed, containing more fully the heads of The
what they humbly proposed, and then to report unto us reP°rt>
their opinion on the same, as to the conveniency thereof,
in respect of your majesties, service ; and we having
seen and examined the said report, bearing date the
12th instant, are upon the whole matter humbly of the
opinion, that it will not only be for your majesties serv
ice, but for the increase of the trade and growth of the
plantations of Virginia, if your majesty shall be pleased
to grant and confirm, under your great seal of England,
unto your subjects of Virginia, the particulars follow
ing, as of your majesties free grace and goodness to
them :
1. That your majesty will enable the governour, coun- Power to
eel, and commonalty of Virginia, to purchase the lands, P"^^
&c, contained in the grant to the Earl of St. Albans, Lord*
Lord Culpeper, and others, and, as to that purpose er™ &c^ of
only, to be made a corporation, to purchase and retain northern
the same, with a non obstante to the statute of mort-
maine. 2. That the inhabitants, your majesties subjects there, Depend-
may have their immediate dependence upon the crown crowrTof *
of England, under the jurisdiction and rule of such England.
governor (or government) as your majesty, your heirs
and successors shall appoint.
3. That the governor, for the time being, shall be Governor
resident in the country, except your majesty, your heirs ^e^^9ir
and successors shall, at any time command his attend- Virginia.
ance in England, or elsewhere ; in which case a deputy

184 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Action of shall be chosen, to continue during the absence of such
in^omicii governor, in manner as hath formerly been used, unless
upon the vour majesty shall be pleased to nominate the deputy,
the com- who is to be one of the councel, but if any governor
-Not'iW caPPen to dye, then another to be chosen as hath been
Deputy formerly used, to continue till your majesty, your heirs
and and successors, shall appoint a new governor.
successor. ' *¦ x a
Exemption 4. That no manner of imposition or taxes shall be
from taxa- Xaid. or imposed upon the inhabitants and proprietors
there, but by the common consent of the governor,
councel, and burgesses, as hath been heretofore used ;
Proviso, provided that. this concession be no bar to any imposi
tion that may be laid, by act of parliament here, on
the commodities which come from that country.
Granting 5. That your majesty, your heirs and successors, will
by thedS n0* ^or *ne future, grant any lands in Virginia under
King- your great seal, without first being informed by the
governor and councel there, for the time being, or some
person by them impowered, whether such grant will
not be prejudicial to the plantations there.
Confirms.- 6. That all lands now possessed by the planters or
titles. inhabitants, may be confirmed and established to them ;
provided it alter not the property of any particular
man's interest in any lands there.
Fifty acres J. That, for tlie encouragement of such of your
emigrant, majesties subjects as shall, from time to time, go to
dwell in the said plantation, there shall be assigned out
of the lands (not already appropriated) to every per
son so coming thither to dwell, fifty acres, according as
hath been used and allowed since the first plantation.
Cwnposi- 8. That all lands possesst by any subject inhabiting
in Virginia, which have escheated, or shall escheat, to
your majesty, may be enjoined by such inhabitant or
possessor, he paying two pounds of tobacco composi
tion for every acre, which is the rate, in that behalf,
set by the governor, authorized to do the same, by your
majesties instructions.
treason, 9- That the governor and councel, or a certain quo-

tion for
escheats.

TBE UNITED STATES, OF AMERICA. 185
DURING THE REIGN OF CHARLES II. PART I.
turn of them, may be empowered to try all treasons, murder
murders, fellonies and other misdemeanors,, provided *"ed e0"
they proceed in such trials, as near as may be to the Proviso..
laws of England; the governor to hav© power of par- Pardoning
doning all crimes, unless murther or treason ; and in Power-
these, if he see occasion,, to give reprieve, until he shall
have laid the state of the fact before your majesty, and
received your royal determination therein.
10. That tlie power and authority of the grand as- Power of
sembly consisting of governor, councel and burgesses., f^|yaB"
may be by your majesty ratified and confirmed ; pro
vided that your majesty may at your pleasure revoak Of king to
any law made by them, and that no law so revoaked iawa_
shall, after such revoakation, and intimation thereof
from hence, be further used or observed.
All which is hereby submitted to your majesties de
termination." " Councel Chamber, the 19th qf November, 1575. — Report
His majesty having considered the said report, and be- and „™^
ing greatly inclined to favour his said subjects of Vir-ch*rte'
ginia, and to give them all due encouragement, have
thought fitt to approve and confirm the same, and Mr.
Attorney general and Mr. Solicitor general, are hereby
required to prepare a bill for his majesties signature in
order to the passing of letters pattents for the grant,
settlement and confirmation of all tilings according to
the direction of the said report, but paring the words
and manner of expression so as may be most suitable
to the forme of law in such cases accustomed, and to
tlie' petitioners relief."
In pursuance of this order of the king, a corporate The order
charter was subsequently prepared and was in progress Bacon'a 7
through the offices of state, but before it was definitively wt>«Ui<m»
arranged the news of " Bacon's Rebellion"* arrested its

* Nathaniel Bacon, the younger. His rebellion was short-lived, and
had no other material effect on the condition of the colony than as
it affected the Charter applied for. He made a public acknowledgment
of his guilt, and sued for pardon, June 9, 1676. Many prominent actors

186 THE GOVERNMENTAL HISTORY OF
Part I. Virginia.

Further execution, and had the%effect of materially changing its
ffioraPr0visi°nS-charter, The order of the King directing the Articles reported
" ' by the lords of the commissioners- for foreign planta
tions to be transcribed and passed into a charter was
probably prompted by his grateful recollection of the
loyalty with which the colonists of Virginia had defend
ed and adhered to the rights of the crown during the
suspension of the regal power under the Commonwealth,
and at the restoration. Soon after its publication was
defeated by the disturbances of Bacon's rebellion, fur
ther manifestations of disloyalty also took place in New
England. The agents for Virginia were consequently
embarrassed in their negotiations, and full a year elapsed
before any charter was procured. It would seem, from
a memorandum in the record office made a few years
afterwards, that the people were very much disappoint
ed in the result. It represents them as coiriplaining
that "Lord Culpeper obtained that this poor charter,
*See2 which we have, only should be granted."* The char-
Henning, ^er was issue(j m October, 1676, as follows, viz :
The New Charter.
New char- Charles the second, by the grace of God, King of
Charles n. England, &c, to all to whom these presents shall come,
greeting. Know ye, that we of our especial grace, cer
tain knowledge, and meer motion, have declared and
granted, and by these presents do, for us, our heirs, and
successors declare and grant that, all the subjects of us,
our heirs, and successors, from time to time inhabiting
within our colony and plantation of Virginia, shall have
Depend- their immediate dependence upon the crown of Eng-
ence on the land ; under the rule and government of such govern-
ours, as we, our heirs, and successors, shall from time
¦with him were compelled to ask pardon of the governor and council on
their knees with a rope around their necks : Bacon disappeared suddenly
and mysteriously and was supposed to have been assassinated. A general
pardon was granted by proclamation to all others. See 2. Henning, 311.

THE UNITED STATES OP AMERICA. ' 187
THE NEW CHARTER OP CHARLES II. PART I.
to time appoint in that behalf, and of, or upon, no other
person or persons whatsoever:
II. And further, that the governour for the time Governor
being, shall be resident in that countrey, except we, our denUnrtie
heirs or successors shall at any time command hiscolonv-
attendance in England or elsewhere; in which case a
deputy shall be chosen, to continue during the absence Deputy
of such governour, in manner as hath formerly been c^en#
used, unless we, our heirs, or successors shall think fitt
to nominate such deputy. And further, if any govern
our shall happen to die, then another governour shall and „Successor
may be chosen as hath been formerly used, to continue how ap-
till we our heirs or successors, shall appoint a new gov- Pomted-
ernour. III. And moreover, that all lands now possessed byconfirma-
the several and respective planters, or inhabitants of f^°l0
Virginia, are and shall be confirmed and established to lands.
them and their heirs forever, where the property of any
particular man's interest in any lands there shall not be
altered or prejudiced by reason thereof.
IV. And our further will and pleasure is, and we do Fifty acres
hereby, of our further grace and favor, declare and eacn enu_
grant, that for the encouragement of such our subjects grant-
as shall from time to time go to dwell in the said plan
tation, there shall be assigned, out of the lands not
already appropriated, to every person so coming to
dwell, fifty acres of land, according as hath been used
and allowed since the first plantation, to be held of us,
our heirs, and successors, as of our manor of East-
Greenwich, in the County of Kent, in free and common
soccage. V. And further, that all lands, possesst by any sub-Composi-
ject inhabiting in Virginia, which are escheated, or shall *k"at0s< M"
escheat, unto us, our heirs, and successors, shall and
may be enjoyed by such inhabitants or possessors, his
heirs and assigns forever, paying two pounds of tobacco
composition for every acre, which is the rate set by our

188 THE GOVERNMENTAL HISTORY OP
Part I. Virginia^
governour according to our instructions to him in that
behalf.
Trials for VI. And further, that the governour and councel of
murder' Virginia, for the time being, and in the absence of the
&c. governour, the deputy governour, and councel, or any
five or more of them, whereof the governour or hia
deputy to be always one, shall, and hereby have full
power and authority to hear and determine, all treasons,
murders, felonies, and other offences committed and
done within the said government, so as they proceed
therein, as near as may be to tlie laws and statutes of
this kingdom of England.
To be con- VII. And lastly, know ye, that, we being, of our royal
beneficial- goodness, graciously inclined to favor the subjects of
ly to the us, our heirs and successors, which now do, or hereafter
shall, inhabit in the said country of Virginia, and to
give the more liberal and ample encouragement to plant
ations there, do hereby declare our royal will and
pleasure to be, that all and every clause, article, and
sentence, in those our letters pattents contained, shall
be, from time to time for ever hereafter, as often as any
ambiguity, doubt, or question shall or may arise there
upon, expounded, construed, deemed, and taken, to be,
by us meant and intended, and shall enure and take
effect in, the most beneficial and avail-able sense to all
intents and purposes, for the profit and advantage of the
subjects of us, our heirs and successors, as against all
and every other person and persons whatsoever, any
law, statute, custom, and usage to the contrary thereof
notwithstanding. In witness whereof we have caused
these our letters to be made pattents. Witness ourself,
at Westminster, the. tenth day of October, in the twen-
*2. Hen- *J-eighth year of our reign.
ning, 632. Per ipsum Regemr-rr-BjiRKm*

The char- This charter is a remarkable document, whether we
ter' , consider its brevity and the singularity of its provisions,
or the circumstances under which it was brought into

THE UNITED STATES OP AMERICA. 189
AND THE NEW CHARTER OE CHARLES II. PART I.
being. While its design seems to have been to place
restrictions upon the colonial administration, it does
not in words abridge, nor does it take away from the
colonists, those political rights and powers which they
-had acquired during the revolutionary period of their
existence, or otherwise assumed to exercise as a politi
cal body : Nor yet does it repeal, but rather seems to
affirm, the provisions of former charters or commissions.
It makes no allusion whatever to many important mat
ters contained in the propositions of the agents for Vir*-
ginia., particularly those which refer to the right of
imposing taxes as vested in the grand assembly, and
as silent as to the continuance of that body as then con
stituted. Yet it takes from it the power of appointing
the governor and makes him the creature of the crown,
while at the same time in the provision made for the
•choice of a deputy governor it seems to concede, infer-
fentially at least, the existence of the assembly if not
its supremacy, as a legitimate organization.
Sir William Berkeley was sent for by the king, and Governor
left the colony on the twenty-seventh day of April, ^^oned
J.677, for England, where he soon after died. Of course to Eng-
he did not officiate as governor of the colony under the „. ' '
new charter. Thomas, Lord Culpeper, baron of Thors-
way, was appointed Lieut. Governor in July, 1675, but
he did not arrive in the colony until the year 1680, and
was formally sworn into office as governor on the tenth Lord Cul-
day of May; Herbert Jeffreys, Esq.» and Sir Henry ^IT
Chickeley, having in turn respectively acted as lieut. governor.
governor in the interim from the departure of Sir Wil
liam Berkeley.
On the tenth day of September, 1681, Lord Arling- Grant to
ton conveyed to Lord Culpeper all his interest in Vir- L°rfr0&J
ginia, derived under the grant of Charles II. of twenty- surrender-
fifth February, 1673. Lord Culpeper subsequently &££*
assigned his whole estate in the premises to Charles IL, 1683-4.
which was announced to the colonists by a proclama
tion dated July twenty-fifth, 1684, as follows : " Where-

190 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Prociama- as the Lord Culpeper has assigned and surrendered
King to unto us all right, title, and interest to certain letters
the colony, pattent, bearing date 25th February, 25th Regni, where
by he demised unto him and Lord Arlington, all the
colony. of Virginia, and Accomac, with the rents, quit-
rents, fines and forfeitures, and escheats, accruing unto
him from the premises; and the same being now in
virtue thereof, and of a former assignment of the Lord
Arlington unto the Lord Culpeper entirely in his
majesty's hands, he declares his will and pleasure that
publication thereof be made to his subjects within the
colony of Virginia, and they be given to understand
that his majesty proceeded herein, with an intent to
apply all profits accruing thereby to the benefit and for
the better support of the government of that our colony,
in such manner as he should from time to time appoint.
Therefore his majesty requires the governour to impower
the officers of the revenue, and such others as he should
Collection think fitt, duly to collect the quit-rents accruing from
rents. time to time, according to the reservation of 25 for
every 100 acres of landj- and so proportionably for a
greater or lesser quantity, to be paid in specie, in mon
ey, and not in tobacco nor in any other commodity;
but that the subjects might with greater ease comply
with their obligation to his majesty, his majesty is well
pleased that instead of English money they may answer
what becomes due to him in such pieces of eight as are
Escheats, current in that colony ; and as to escheats, fines and
forfeitures, forfeitures, and other profits, mentioned in his letters
pattents, his majesty directs that they be satisfied ac
cording to the demise to the Lord Culpeper in the like
pieces of eight for every five shillings. And because
at that distance he could not direct the particular
The gov- method of recovering those dues, the governour is to
account° Proceea^ therein as he should find most beneficial, and
for to the to give him an account of his proceedings ; and that
s' the revenue arising from the premises be not disposed
of nor suffered to be issued out, until upon certifying

THE UNITED STATES OP AMERICA. 191
AND THE NEW CHARTER OF CHARLES II. PART I.
unto his majesty the value of what shall remain there- Political
upon in the treasury, he should order the same to be ^freedom
disposed of to such uses as shall be most requisite for developed
his services." * Hereby assuring the completeness of gotiaUon6"
the new charter. f°r the
charter.
It is not for us at this distant day, with our scant * 2 Hen.
materials, to fathom the motives and designs of the ninS. 621-
various persons and parties involved, on one side or the
other, in the controversy which resulted in the publi
cation of this charter, and which here and thus term
inated. It-develops, for the first time in the history
of Virginia, in active though not now unloyal compe
tition, that questioning of the. crown's supremacy
which in the colonies of New England had already
long ago grown to be a part of their political existence.
It forms the first link in that chain of causes which
just one century afterwards united Massachusetts-Bay
and Virginia as the leading and formidable opponents
of British oppression in America. Suppressed it might
be in the latter colony during many intervening years
ot almost unquestioning submission, but still existent
and waiting only the moment ordained of providence
to waken again, and by the like forceful reasoning to
establish their title to political freedom, and to main
tain it, in a way which must inevitably lead to a sev
erance of them from all dependence on the kingdom
of Great Britain.
Here we terminate this part of the history of the General
first colony of Virginia, and of the general govern
mental regulations under which it was permanently
established, which I have made the first part of the
governmental history of the United States. We do
not find in them as wide a departure from the laws Virginia
and constitution of the mother country as is discover- ^^ J
able in those of the second colony, or New England.
In fact, Virginia had from the beginning assumed a
position of loyalty to the regal power of the parent
state, which found no sympathy in the settlements of

1688.

192 THE GOVERNMENTAL HISTORY OF
Part I. Virginia,
Until after New England. This is evident from the allusions made
^voiu? llSh in the foregoing documents to the prevailing disregard
tion of of the will of the crown, and of the enactments of
parliament among tlie latter in referring to which the
governor and agents of Virginia evidently plume them
selves upon her passive submission to both. This will
become still more, apparent in their subsequent history.
While Virginia was consecrating her loyalty by acts
of protection and of posthumous adulation of the
memory of Charles L, the people of New England
were welcoming his judges to their homes and their
hearths with the ringing acclamation, opposition to
tyrants is obedience to God. While the former flew
with eagerness to the embraces of a restored monarchy,
the latter were cautiously contriving how they might
make their own freedom from its supremacy consist
with the semblance of submission to its authority.
Virginia Henceforth Virginia, in all her appliances of govern*
England, ment and administration, may be considered but a
miniature likeness of the parent kingdom. She ad
hered to the crown with a right loyal devotion, and
readily settled down into a recognition of its suprem
acy, undisturbed by the accession of James II. in 1685,
or the subsequent agitations of his reign, or his abdi
cation of the throne in 1688, or the consequent revo
lution, which placed the crown upon the heads, and
established the succession in the line, of Wilham and
Mary, prince and princess of Orange.
Nor is it at all strange that Virginia should have
been so subservient in her allegiance. Where the
people are kept in ignorance, despotism finds its most
submissive subjects, and tyrants their most abject
slaves. The liberal endowment of institutions of
learning, the existence of free schools and a free press,
are the surest guarantee of an enlightened and perma
nent freedom in any country. Sir William Berkeley,
who for more than forty years, either as governor or a
member of her state council, was oonversant with Vir-

THE UNITED STATES OF AMERICA. 193
UNDER THE NEW CHARTER OF CHARLES II. PART I.
ginia; who was one of her most excellent chief offi-untii after
eers ; and was more instrumental than any other man *te; reT0"
in laying the foundation of her government and insti- of 1688.
tutions, thanks God that there were no free schools
nor printing in Virginia, and hopes they will not have
these hundred years. For, he adds, "learning has
brought disobedience and heresy and sects, into the
world, and printing has divulged them, and libels
against the best government — God keep us from both ! " See his ™"
Eleven years after this date, Lord Culpeper, then
governor of Virginia, avowed the same horror of free
schools and printing. A printer who had actually
opened an establishment in the colony, was prohibited
using or exercising his trade. The fact is thus entered
upon the record — " February 21st, 1682. John Buck
ner, called before the Lord Culpeper and his councel,
for printing the laws of 1680 without his excellency's
licenee, and he and the printer ordered to enter into
bond in £100 not to print anything thereafter until his
majesty's pleasure should be known." This was a
sort of indefinite postponement of the right to exercise
the calling, for there is no evidence of any printing
being done in the colony from this period until 1733.* ning, sis.
But it was not so in New England. She had her
origin and her growth in free schools and printing, and
in that "disobedience" and those "sects and heresies"
which "printing has divulged." That printing and
those school's which under Luther, and Calvin, and
Zwingle, and the Puritans, placed the Bible in the
hands of the people, made known to the individual
man its elements of freedom, and developed to the
world the true liberty of the gospel, that harbinger of
so many blessings to mankind. Wherever the puritans
planted a settlement in the new world, they also
erected a church and a school-house; and wherever
they instituted a minister, they also associated a
teacher. Learning had no horrors to them. They
attested their reverence for its votaries by elevating its
13

194 THE GOVERNMENTAL HISTORY- OF
Part I. Virginia,
Until after most finished scholars to the highest honors whether in
lution™ the churcn or the state. We must turn then to New
of 1688. England as furnishing in her early history by far the
most interesting and important developments of free
dom in our own governmental annals.
The revolution of 1688 in England was the legitimate
effect, and its result was the triumph, of the political
elements of freedom embraced in the protestantism of
the puritans. The leaven originally hid as it were in
three measures of meal, gradually spread its subtle
essences through the political organizations of the
kingdom until the whole was leavened. Its too turbid
effervescence gave birth to the licentious liberty and law
lessness which obtained during the transition period of
the commonwealth, and this again gave way to the
more substantial semblances of a free government
under the restored monarchy. The end however was
not yet. Liberty was hardly yet drained of its licen
tiousness. The more arbitrary and reactive reign of
James II. , his resolute and reckless assumption of su
premacy, and his attempt to restore the power of
antismand Romanism in his dominions, inaugurated the grand
its ele- crisis which resulted in engrafting in the British con-
freedom, stitution that fundamental principle of political freedom
which recognizes the people as the primary source of
sovereignty in the throne. Thus while Protestantism
became the guarantee of stability and permanency to
the monarchical forms in the parent state, it was also
the source, life, and conservation of the more popular
political systems which were being planted in America.
We of this age have grown to be so familiar with and
have lived so long surrounded by the blessings it has
conferred upon us, that we have become alarmingly
insensible to their greatness. We boast of our civili
zation, our seminaries of learning, our institutions of
religion and humanity ; of our enterprise, our arts,
our commerce, our liberty and our laws, and we forget
how much we are indebted for all these to that one

THE UNITED STATES OF AMERICA. 195
UNDER THE SECOND CHARTER OP CHARLES II. PART I.
element of protestantism. Blot out this from the Conclusion
records of our political experience alone, and where of i>ABT i#
would be our free government and free institutions ?
Eliminate all traces of its beneficent influences and
protection even from our every-day life ; from our
homes, our schools, our academies* our colleges, our
universities, and our churches — withdraw its healthful
essences from the pulpit, the bar, the bench ; from our
halls of legislation, and our offices of state ; and what
would we be as a people or a republic ? The truth is,
the elements of individual, social and political freedom
inherent in a Protestant Christianity are so inwoven
into our very being as a nation, that to its subversion,
if ever that period shall arrive, some future Gibbon
may ascribe the decline and fall op the Free Repub
lic of the United States of America.
end of part i.

PART II.
GOVERNMENTAL HISTORY OP THE SECOND GRAND DIVISION OF THE
CONTINENT OP NORTH AMERICA, CALLED THE SECOND COLONY
OP VIRGINIA, NORTH VIRGINIA, OR NEW ENGLAND.
In the first part of this work I have traced the gov
ernmental history of the settlements planted in Amer
ica by the first colony of Virginia, or the London com
pany, until they grew into a regularly organized com
munity, passed out from the control and jurisdiction of
the company, and became permanently established in
the form of a political corporation, under a well ordered The Plym-
system of colonial government subject to the sovereign pany/onl"
power of the kingdom of Great Britain. I now come
to the history of the second colony of Virginia, other-SeePartl.,
wise called the Plymouth company. It was so denomi- ter.
nated because the principal proprietors of the corpora
tion were located at Plymouth in England.
This company did not receive a patronage by
any means equal to that of the other. It laboured
under great disadvantages, not only from its own loca
tion, but the shores on which its settlements were to be
made were cold, bleak, cheerless and inhospitable.
Few men of rank, of opulence, or of enterprise, became
interested in its transactions: And although it was
established under similar charter provisions, and gifted
with equal and Uke privileges with the first colony, it
fell far behind the latter in the energy and efficiency
of its efforts to accomplish the objects sought to be
promoted by its incorporation. Tlie first expedition
under its auspices was fitted out in the year 1606, but
the vessels employed were captured by the Spaniards,
who then claimed the right to exclude all other nations
from sailing in or navigating the American waters.

198 THE GOVERNMENTAL HISTORY OF
Part II. new England,
ditTn63? e* ^"W0 more vessels, with one hundred and twenty
the Piym- planters on board, were dispatched under the direction
1606C°'' of admiral Sir Raleigh Gilbert, in the .month of May,
Its second 1607. They formed an inconsiderable settlement on
i6o?dltl°n *ne Tiyev Sagadahok, a small stream emptying into the
Kennebeck river near its mouth: But becoming
alarmed at the severity of the climate, the majority of
them returned to England in the month of December
in the same year, leaving behind them about forty-five
men with Captain George Popham as their president.
* Chief The inclemency of the climate, the ravages of disease,
Popham. anfl the death of the principal patron of the company*
in England, soon desolated whatever hopes of a settle
ment this adventure may have inspired.
Results of The discouraging reports which were made of the
tllGSG 6XDG"
ditions. country by those who returned prevented any new emi
gration, and no further plans were projected by the
company other than to open a fishing and fur trade
with the natives.
Trading One of these trading adventures was commanded by
under Capt. Smith, a name proudly conspicuous in the early
Capt. history of the colony planted by the London company.
His inquisitive mind was not contented with carrying
on a trade to the country without any further knowl
edge of its capabilities and extent than such as
might be gathered from the untutored natives. He
landed and spent some considerable time in exploring
His explo- its resources. He drew a chart of the coast from
report! and Penobscot to Cape Cod, made practical observations on
its bays, harbours and rivers, its soil and productions.
His representations of the country on his return to
The coun- England so fascinated the then prince of Wales, after-
named^ wards Charles I., that he bestowed upon it the name of
New England.
From this date that division of the continent which
had been allotted to the London company was called
Virginia, and that whicli had been assigned to the
Plymouth company was called New England.

THE UNITED STATES OF AMERICA. 199
CAUSES WHICH LED TO ITS SETTLEMENT. PART II.
But the interest elicited by the accounts given of the Severity of
country by Capt. Smith, had no further effect than to ^couragr
stimulate individual adventurers to prosecute the traders to com-
which had been opened with the natives. None were venture.
induced to emigrate, nor was the prospect of gain suffi
ciently encouraging to lure the company to attempt
any settlement. Men could not be induced to abandon
their homes, ease, comfort, or luxury, for the sake of
an uncertain^ or at least a distant advantage, either to
themselves or to their country. The shores were too
wild, the climate was too harsh, and the end too preca
rious, to inspire or to encourage a spirit of enterprise
or adventure.
Happily, however, for the interests of mankind, there
was a spirit which could face all these difficulties, and
endure all these sacrifices and privations ; wliich could
brave any danger and welcome any disaster with the
prospect, however distant or contingent, of accom- its settle-
plishing its purposes ; a spirit which, under whatever ™^j
circumstances or in whatever clime, could still live and by the
glow in the bosom of its possessor ; a spirit, whose religious
exalted purposes were in part accomplished the very freedom.
moment it alighted on this "wild and rock-bound
coast " — It was a spirit which sought " Freedom to
worship God."
Freedom to worship God. — It is essential to the per-0r. . f
feet idea of human responsibility that the homage Romanism.
which man pays to his creator should be individual, his
own, and a free-will worship. Personal accountability
could not otherwise be a part of a just economy of
rewards and punishments. It was during the perilous
passage of Christianity through the darkness, idolatry,
and corruptions of paganism, that these, her cardinal
revelations, were obscured, and she became encum
bered with those mythic rites and superstitions which
were afterwards the basis of Romanism. Here were
gathered the materials which enabled an artful or
ambitious priesthood, so to interweave their own canons

200 the governmental history of
Part II. _, new England,
with those of the civil law, that the church by imper
ceptible degrees assumed the control of the offices of
state, until at length the sceptre itself hecame tributary
and subject to the will of the mitre. Such was the
course of things when, early in the sixteenth century,
Romanism the Roman Catholic religion had risen to be the pre-
in the six- .
teenth een- dominant religion in England and on the continent of
tury- Europe. Its seat was at Rome, its head was the pope,
who sat supreme on his throne while all Christendom
Supremacy bowed before bis sovereignty and infallibility. He
Pope. -claimed, and he exercised, all temporal as well as all
See Part I. spiritual power over all the world. He gave and he
took away continents, kingdoms, islands and seas. He
made and unmade kings. He established and over
threw dynasties. He directed and contracted, prohib
ited and dissolved at will, the alliances of princes. He
dispensed forgiveness to crime and sold indulgences to
vice. He gave to treason a dagger and forged for des
potism its chains. In a word, he arrogated to himself
the attributes and prerogatives of Jehovah, and sat on
earth as in the place of God.
Condition In this era of papacy the art of printing, then but
kind*11" recently discovered, and which has since been produc-
during the tive of so much benefit to mankind, was suppressed.
Literature, learning, and the sciences, were proscribed.

The people were prohibited using or cultivating their
faculties, by the fulminations of ecclesiastical censure,
or the terrors of eternal damnation, A pall was thrown
over all the powers of man. The human race was
buried in more than Egyptian darkness ; and the desti
nies of the world seemed shrouded in inscrutable mys
tery. — Such was Romanism in the plentitude of its
power, arid such was the condition of the world under
the supremacy of its rule.
Origin of But meanwhile, in the secluded and lonely cloisters
of its convents there was being nurtured, under provi
dence, a spirit whose destiny it was to overthrow tlie
pompous hierarchy wliich had thus ascended the throne

Protestantism.

the united states OF AMERICA. 201-
CAUSES WHICH LED TO ITS SETTLEMENT. PART II.
of the Caesars and invested itself with the sway of that
once magnificent empire. Humble in his origin, hum
ble in his station, and still more bumble in his piety,
Martin Luther had performed with a fervid devotion
and a scrupulous zeal, the duties devolving upon him
as a priest of Rome, until he chanced to come in pos^
session of a copy of the Bible. With eager curiosity
and impetuous energy, he devoured its sacred pages.
He imbibed its spirit, its faith, its hopes, its freedom,
He deduced from its records and developed to the
world, its grand cardinal revelations, the personal free
dom and personal responsibiUty of man in the eye of
his Maker.
This was the origin, and these mighty truths were TJie nature
the basis, of what we now call protestantism. It em- antism.
braces in itself elements wliich conserve the freedom
>
and safety of the body politic as well as the body reli
gious ; the prerogatives of the state and its officers as
well as those of the church and her ministers; the
rights and duties of the individual as well as the mass
in all the relations of life. Holding up the Bible as
his text book, and announcing these as its great truths,
and claiming that it should be freely disseminated and
freely read among the people, "Luther rushed boldly The protes-
into the presence of the dignitaries of the Roman £"Jj™f?£
church, protesting against tlieir claims to power, and^ugurated
they quailed before his convincing arguments. He y
assailed the unscrupulous traffickers in indulgences
and pardons and they fled discomfited from the field.
Summoned to appear before the Roman Legates at
Augsburg, he instantly obeyed the mandate, appeared
before them, protested against their authority, and his
presence served only to stupify, confound, and baffle,
his adversaries. The learned divines gathered them
selves in the halls of Leipsie ; but unawed by their pres
ence he boldly entered upon the discussion to whicli he
was challenged, and the astonished theologians felt the
weapons of their warfare fall powerless . from their

202 THE GOVERNMENTAL HISTORY OF
Part II. new England,
hands. The pope himself at length started from his
slumbers and hurled his fiercest fulminations at the
*See offending monk, but that same Bible and those same
menus' truths, were the shield of him who trusted in them;
Beforma- the arm of the spiritual despot was palsied, and the
ion, vo . 2. tnrone 0f tne pontificate trembled." * The triumph of
Luther was the triumph of the Bible. The triumph of
the Bible was initiatory to the triumph of human free-
The Bible ^omj aim gave assurance to the world that protestant-
and Pro- ism was destined to override all opposition, to subdue
estantism. ^ ^n^s an(j prmces 0f many lands, to reform and
exalt the church as well as the state, the people as well
as their rulers, and ultimately to bring freedom and
peace to all the oppressed and suffering children of the
earth.
Progress The warfare against the church of Rome, thus com-
reforma- menced by Luther, soon spread itself throughout chris-
tion in tendom, and many of the countries of Europe abjured
" her authority, and separated themselves from her com
munion. In some instances this rupture was sudden
and violent, leaving no traces of the ancient supersti
tion, but adopting an entirely new form of worship, of
doctrines, and of discipline. Such was the case with
the institutes provided by Calvin and adopted in many
of the estates of Germany. The simplicity of these,
but more especially their hostility to the papal doctrines
and ordinances, were so much admired by the more
zealous of the reformers, that they were adopted in the
United Provinces, in the dominions of the House of
Brandenburgh, in those of the Elector Palatine, and by
the Huguenots of France.
Therefor- In England a different policy seems to have been
England? pursued, and the progress of the protestant principles
of the reformation was here more cautious and delib
erate. She abolished at first only those institutions and
canons of Rome which were deemed more -prominently
repugnant to the principles of freedom, or savored too
much of superstition, or of human invention. The

THE UNITED STATES OP AMERICA. 203
CAUSES WHICH LED TO ITS SETTLEMENT. PART II.
changes in her ecclesiastical polity were likewise either The refor-
retarded or accelerated accordingly as it suited theunaerHen.
various tempers, sentiments, aims, or even the caprices rv vm-
and passions, of her successive sovereigns.
The first public announcement of the reformation in Destruc-
England was made by that splendid and pompous pa-j^v^*
geant wherein Henry Vni., attended by cardinal mgs, May
Woolsey and his retainers, executed the "bull" of the '
Roman pontiff which directed the writings of Luther
everywhere to be destroyed.* * D'Aug-
biErnc s
The commendation bestowed upon the haughty mon- reforma-
arch by the pope for this demonstration of his loyalty tion-
to Rome, excited in his bosom a thirst for future dis
tinction, and he now entered the field of personal con
troversy with the great reformer. He composed andcontro-
published a book entitled A defence ofthe Seven Sacra-™^0*'
ments, against Martin Luther, by the most invincible vill., with
King of England and France, Lord of Ireland, Henry,
the eighth of that name. He sent a copy of it to the
pope offering at the same time to draw his sword, if
necessary, still further to defend the church of Rome
•from the heresies of the reformation.
The pope, acknowledging the ability and pleased with Tribute
the zeal of a prince whose adhesion to his cause was of ^ro°™ *e
such vital importance to him in the impending crisis, Henry
conferred upon Henry and attached to his crown, the
distinguishing title of " Defender of The Faith :" But in
doing so he was after all only raising up a more formi
dable source of antagonism to his own prerogatives of
power. Elated with his triumph, and flattered by so
signal a tribute to his ability, the vain and ambitious
prince soon conceited that he was superior even to
popes and cardinals, and claimed for himself and his
crown the supremacy and infallibility which he had
hitherto conceded to the pontificate. So elated did he Effect of
become at length with the idea of spiritual sovereignty Jf/^*1'
that he compelled the clergy in his own dominions to the King.
acknowledge him as the protector and supreme head

204

THE GOVERNMENTAL HISTORY OF

Part II.

NEW ENGLAND,

UnderHenry
vin., 1531,
His oppo
sition to
the Pope.

Supremacyof the
Crown es
tablishedby law.
1534.

Modifiedform of the
reforma
tion.

Protestant ism and the
crown'ssupremacy.

of the church and its ministers and priests, in Eng
land. But it was not alone his ambition for temporal or
spiritual power which prompted Henry VIII. to abjure
the supremacy of the pope. It was the more passion
ate desire of personal freedom from the restraints
imposed upon him by his holiness, in his refusal to
divorce him from his first wife Catharine, and to sanc
tion his marriage with the unfortunate Anne Boleyn.
This it was that ruptured the last tie of his allegiance to
Rome. He defied the Pope, desecrated the sacrament
he had so ably defended, consummated the divorce and
the marriage, and became himself in turn the object of
as bitter fulminations as ever emanated from the Roman
pontiff against the greater champion of the reforma
tion. He and his kingdom were alike excommunica
ted, and given over to the direst anathemas of the vice
gerent of God on earth. The separation from Rome
was at length sealed, and the breach widened beyond
all possibility of healing, by an act of parliament which
declared and established the supremacy of the crown.
But although Henry thus severed his kingdom from .
all allegiance to Rome, and desecrated and abolished
the monasteries established by the papal priesthood, and
made other reforms in the ecclesiastical policy of his
administration ; still, in order to sustain his supremacy
in affairs of the state as well as the church, he found it
necessary to retain and adopt many of the canons and
ordinances of the Romish hierarchy. ' Hence it came
to pass that the reformation in England in the outset,
was simply a transfer, or exchange, of the supremacy
of the pope for the supremacy of the crown. The
spiritual as well as temporal prerogatives of the Roman
pontiff were wrested from him only to be vested in the
king. But the protestant element of the reformation
was as much in conflict with the supremacy of the sove
reign in matters of religion, as it was with the suprem
acy of the pope. A cardinal claim of the reformers

THE UNITED STATES OF AMERICA. 205
CAUSES WHICH LED TO ITS SETTLEMENT. PART It.
Was, that the Bible should be generally, disseminated it claims
among and freely read by the people. They so far suc-0fetf^euse
ceeded in establishing this point that a copy of it wasB&ie.
directed, by act of parliament, to be suspended in
every parish church for the use of the people, in 1540.
This act Was repealed again two yOatfs afterward; and
the reason given for its repealj as stated in the pream
ble of the repealing act, demonstrates how powerful an
agent the Bible had become in liberating the human The Bible
mind from the shackles of despotism, superstition and Jj^* £
oppression. The preamble recited — " that many sedi- edged
tious and ignorant persons had abused the liberty grant- fr"e™om,
ed them of reading the Bible, and that great diversity
of opinion, animosities, tumults, and schisms, had been
occasioned by perverting the sense of the scriptures."
I have observed already that the triumph of the
Bible was initiatory to the triumph of human freedom.
Freedom of thought, freedom of opinion, freedom of
the person and of speech, and freedom of worship, are
its legitimate fruits. The personal elevation and im
provement of man necessarily follows familiarity with
its revelations, its faith, its doctrines, its promises, and
its hopes. No pope, no kitig, can be recognized as
supreme arid infallible, either in the church or the
state, where the sacred volume is freely disseminated
and read among the people. Hence it does not sur
prise us to know that Henry VIIL, himself to some
extent a reformer, persecuted even to the last the
reformers, and took the Bible from the people.
Edward VI. succeeded Henry Vin., and being in The re-
his minority, the kingdom came under the protectorate ^ot*e J4
of the then Earl of Hertford, who, it is said, was favor- ward VL.
ably disposed toward the reformers, though not an1
avowed friend of the reformation. The estabhshment
of a liturgy and an uniformity of worship, by act of
parliament, during his protectorate, in conformity with
the views of many of the reformers, had the appear
ance to the people of promoting the reformation,

206 THE GOVERNMENTAL HISTORY OF
Part II. new England,
though it never touched the question of the crown's
supremacy.
Succession Edward VI. died after a reign of about six years,
i5S3ar7' and Mary' the dauSnter of Heni7 YIH. by Catharine
his first wife, ascended the throne. So far as the pre
rogatives claimed by the Roman church and its head,
affected his own power and prerogatives in his own
kingdom, Henry, her father, was a protestant. But
Herchar- "Mary was an avowed Romanist. Obstinate, proud,
reigii and ambitious, bigoted and selfish; violent, cruel and
malignant ; revengeful, tyrannical and ill-natured, she
cherished an inveterate hostility to the protestant
reformers, which was embittered by the attempt made
by the then Duke of Northumberland, their leader, to
deprive her of the succession by placing the crown on
the head of Lady Jane Grey. Her indignation was
further roused by the opposition of her subjects to her
,_ .marriage with Don Philip of Spain, and she made the
Smollett, whole nation the object of her resentment."*
Her bloody The butcherous and bloody persecutions of her
tions of reign, whose instruments were the fire, the stake, the
Protest- -wheel, the gibbet, and the rack, convulsed the whole
kingdom, and compelled many of the distinguished
advocates of protestantism to fly from England. They
were received with sympathy and found a more con
genial home in various cities of the United Provinces.
A large number of them collected at Geneva, where
they associated together under the institutes of Calvin.
The re- On the accession of Elizabeth to the throne, and the
onThe'ac- apparent ascendancy of protestantism, for Elizabeth
cession of had heen thoroughly educated in the principles of the
Elizabeth, . , . t-i -T" j -±i
1658. reformation,* they returned again to England, with
•Hume and deep-rooted hostility to those prerogatives^ i-the crown
SmoUett. wnicn. had prompted their persecution vesdently at
tached to their own institutions and obsev^efjgJes, and
with strong inclinations in favor of a republican form
of government.
Their efforts, however, at a participation in the revis-

THE UNITED STATES OF AMERICA. 207
CAUSES WHICH LED TO ITS SETTLEMENT. PART II.
ion of the forms and observances of religion, and more The Re-
particularly of what was called the liturgy, were un-^'10'1
successful. They found the queen not quite so liberal Elizabeth.
and yielding in her views as her proclamations and
promises had led them to expect. Proud in the con- Her revis-
sciousness of her superior learning and abilities, as f°^s *&g
well as her accomplishments in the school of theol- of the,
ogy, she considered herself capable alone to undertake
the task of expurgation. Guided in some measure, p0iicyof
perhaps, by principle, but more by policy, she sought Eli^abeth.
to conciliate the followers of Rome by retaining some
thing of the pomp and show of external worship,
rather than to provoke their hostility by any abrupt or
wide departure from the canons and ordinances of the
papal hierarchy.
But even the skillful policy of Elizabeth was not
capable of adapting itself to the condition of her king
dom. Instead of conciliating the adherents of the
Romish church, she found it necessary to recommend
and adopt rigorous laws to secure her person and her
crown against their treasonable designs, while the
course she had already pursued towards them alienated
from her the confidence of the reformers. Her fear of
the former and her dislike of the political sentiments
of the latter, infused a spirit of vindictive bitterness
into her administration, which at length ripened into Her intol-
extreme intolerance. At the first meeting of parlia-erai">e.
ment after her accession to the throne, an act was
passed vesting in her the whole spiritual power. She
might alone and at her discretion " repress all heresies;
establish or repeal all canons, alter every point of dis
cipline, and ordain or abolish any religious rite or cer
emony."* In the exercise of these prerogatives, she* Hume.
devised a system of canons, discipline, and ceremonials,
which was established as The Church of England, its The
canons and forms being still subject to the revision of England**
the queen. In the further exercise of these powers, estab-
she issued a proclamation prohibiting all preaching, and

208 THE GOVERNMENTAL HISTORY OF
Part II. new England,
The Re- limiting the services of the church to the reading of
under*1011 *ne g0SPe^s aim ten commandments, without comment
EUzabeth. or exposition, together with the litany and the Apos
tles' creed. These ordinances were opposed by the
advocates of greater personal freedom in matters of
religion, and the consequence was that many of the
most distinguished and popular of the clergy were
deprived of their benefices, fined, and imprisoned.
The The doctrine of the supremacy of the sovereign iri
^I™™ aU matters of religion was easily submitted to when
supremacy a J
and Pro- the controversy existed only between the pope and the
testantism. -r, . . ... . ¦, -i-i i a
crown. 13ut when it came to be apphed as between
the prince and the people, it assumed a far different
aspect. The supremacy, therefore, of Rome on the
one hand ; the supremacy of the crown on the other ;
Parties and the non-rsupremacy of either as to the people,
by ft!"1 6 formed the great dividing lines of parties during the
reign of Elizabeth. This was in reality but the more
tangible development of the true elements of freedom
embodied in the protestantism of the reformation.
The same spirit of liberty and independence which had
prompted Henry VILL from personal motives to pro
claim the crown independent of the pope, now led the
people to proclaim themselves independent of the
crown in all matters of religion. The intrepid
avowal of this liberty by the more zealous of the
reformers, and their earnest determination to maintain
it at all hazards, provoked the bitterest hostility of the
crown, and agitated parliament to its very centre. A
court was erected, called " The High Commission for
Ecclesiastical Affairs," whose trials were summary,
whose decisions Were arbitrary, and whose inflictions
were almost as odious and cruel as the penalties of the
inquisition. Confiscation, deposition, banishment, im
prisonment and death, were among its pains. These,
it is true, were inflicted mostly on the plea that the
zealous hostility of the reformers to the religious estab
lishment amounted to treason against the crown. And

THE UNITED STATES OF AMERICA. 209
CAUSES WHICH LED TO ITS SETTLEMENT. PART II.
so it might, and the sagacious mind of Elizabeth prob- The re-
ably foresaw that tliere was a political element inherent „°r™*tion
in the protestantism of the reformation which might Elizabeth.
one day weaken the secular arm of the sovereign, if it Protest-
was not even then undermining its power. The diffi-^^
culty was, that the civil and ecclesiastical administra- inherently
tion of the kingdom were so intimately blended, that a
reform could not be sought in the one, without essen
tially opposing, or perhaps even advocating the over
throw of the other.
But having reviewed it sufficiently for our present
purposes, we must here leave the general subject, and
turn our attention to that small and devoted band, of
more humble and less erring piety, who chose rather
to seek an asylum where they might follow the dictates
of their own consciences without fear of provoking the
inflictions of intolerance, or offending against the civil
administration. Though the reformers generally agreed in the senti- Parties
ment of opposition to the prerogatives claimed for the rXmers"5
crown in matters of religion, there still existed a variety
of opinions among them respecting the authority of the
church and her ministers ; and the order and discipline
of religious organizations. Parties were formed and
sects originated, which, in different degrees, claimed
also the right of association independently of the will
of the priesthood, or the enactments of parliament.
This, perhaps, was the first phase in which the pro
testantism of the reformation developed itself in op
position to the pohtical administration of the king
dom. The tenets held by the most prominent
of these associations were reduced to a system by The
one Robert Brown, a well educated and popular ^re°^mst8 ;
preacher, under which he collected together a large tenets,
number of followers. He taught that the Established
Church was itself corrupt, antichrist, that its ministers
were unlawfully ordained, that its discipline, its ordi
nances, and its sacraments, were alike unscriptural
and invalid, and prohibited all communion with it ;
14

210 THE GOVERNMENTAL HISTORY OF
Part n. new England,
The re- that the scriptures taught that any association of chris-
under"tl0n tians, meeting to worship God, and united for that pur-
EUzabeth. pose, constituted in and of themselves a church, having
exclusive control over all its affairs independent on
any other sect or society, and amenable only to the
great head of the church, Christ — that the priesthood
was not a distinct order in the church — that the office
itself did not confer any superior privileges or sanctity
The of character — that any man, qualified to teach, might
Brownists, he chosen from among the brethren for that purpose,
tenets. and set apart to those functions by the laying on of
tlieir hands — that for cause shown he might also be by
them deposed, or discharged from the ministerial office.
He further insisted on a public profession of faith, and
that the general affairs of the church, thus constituted,
should be regulated by a -majority of his members.
Treatment It needs scarcely a moment's reflection to understand
of the how a system so democratic in its principles, and ad-
Browmsts. . . „...,.
mittmg such a liberty of discipline, was calculated to
provoke all the odium of the civil as well as the ec
clesiastical jurisdiction of the kingdom. Doctrines
esteemed so heretical and so damning, so wholly sub
versive of all the received and cherished maxims of
government, could not be tolerated. Accordingly full
and heavy were the vials of wrath poured out upon
their devoted advocates. To render their situation still
more embarrassing, their leader, Brown, was induced to
* Butler's abandon them and conform to the Estabhshed Church.*
Robertson. * am thus particular in noting the origin of these
different sects or parties, because they have each and
all contributed to give an indelible hue to the complex
ion of the governmental history of New-England. We
may easily trace their quickening energy in the pohti
cal regeneration of the old world, but it would be diffi
cult for the historian or the philosopher to define the
limit to their influence in moulding, shaping, nurturing
and establishing, the institutions of civil and religious
freedom throughout our own land.

THE UNITED STATES OF AMERICA. 211
CAUSES WHICH LED TO ITS SETTLEMENT. PART II.
The accession of James I. to the throne did not at The ac-
all abate the rigor of the ecclesiastical policy adopted je^™i°*
by Elizabeth. He persecuted, imprisoned, and ban- and the
ished. The followers of Brown, now called brownists, tion, 1603.
or independents, were made the special objects of his
intolerance. To avoid its increasing fury they were
compelled to flee from their native country, as they ex
pressed it, to enjoy purity of worship and liberty of con
science. They sought refuge in Holland, where alone of all the The
countries of Europe full freedom of opinion in matters flee^°ists
of religion was now tolerated.* They went to Amster- Holland.
dam, where they were afterwards joined by the Rev. *j g' son s
John Robinson and others. They placed themselves
under his pastoral care and subsequently removed with
him to Leyden, at which place they were established as Are joined
a congregational church. Here the learning, piety, gonandra-
moderation and accomplishments of their pastor, and m°ve to
their own exemplary living, secured to them for several 1609. '
years a prosperous tranquillity. They gained the con
fidence and the good-will of the people, and but for
fear of offending England would have received signal
demonstrations of the public favor.f A few of their t Winter-
number, not finding their situation altogether con
genial in so phlegmatic a neighborhood, began to grow
discontented, when the settlements which were being
planted in America by the first colony of Virginia drew They be-
their attention to the newly discovered country. They to^Ameri,
at once regarded that as a field opened by providence agViu„n"
for the accomplishment of their purposes. There they
could plant their church, and propagate their doctrines,
both of faith and discipline, beyond the reach of eccle
siastical usurpation. Now too, an opportunity was pre
sented for them to evince to an astonished world " what
manner of spirit they were of." They were not to be
deterred by dangers or daunted by difficulties. They
were not men whom trifles could discourage, or disas
ters and hardships overcome. Nor were they of that

212 THE governmental history of
Part II. new England,
The sickly sentimentalism which would forego the accom-
inilyden Pnshment of exalted purposes, rather than break away
resolve to from the ties and endearments of home, of kindred, or
America, °f country. By eleven years of banishment they " were
1616-18. wen weaned from the delicate milk of the mother
country, and inured to the difficulties of a strange land."
To those of their number who hesitated they said, " the
difficulties we may have to encounter are not invincible,
and may be overcome by fortitude and patience. The
ends we propose are good and honorable. The calling
is lawful and urgent. The blessing of God may there
fore be expected. We live but as exiles now, and are
in a poor condition. The truce with the Spaniards is
hastening to a close. Nothing but preparations for
war are going forward. The Spaniards may be as cruel
as the savages, and pestilence may be as sore in Hol
land as in America."
They apply In pursuance of this resolution they made an appli-
Pi mouth cati°n to the second colony of Virginia, or the Plym-
Coiony for outh company for a grant of land within the limits
iW8.n ' °f its patent, to be accompanied with a license under
the seal of the crown giving them permission to settle
in America, and " to practice and profess religion in the
mode which, by the dictate of their own consciences,
they had adopted." James refused to give them any
The appli- such assurances of toleration, although he did not oth-
cation how erwjse discourage the contemplated adventure. His
discourag- , .
ed. refusal to accede to their wishes in this respect, how
ever, deterred them from undertaking it. At a
later period, finding the causes of discontent with their
residence in Holland increasing, they consented to ac
cept a grant from the company without requiring the
The appli- proposed license from the crown. They embarked
newed "" at Velft Haven, in number about one hundred and
1620. one souls, on the twentieth of September, 1620, and
Embarka- touched at Plymouth in England, where they procured
H^d" ^ie^r Srant from the company, and proceeded on their
Sept. 1620. voyage thence for Hudson's river. By some design on

THE UNITED STATES OP AMERICA. 213
CAUSES WHICH LED TO ITS SETTLEMENT. PART II.
the part of the captain of their vessel, supposed to have Their arri-
been instigated by the Dutch who claimed a right America
and were about to send there a colony of their own, or Dec. 1620.
by the company in England, contrary to their own
wishes and intentions, they were conveyed far to the
north near Cape Cod.* Here they found themselves * Robert-
beyond the limits of the company's jurisdiction from terbotham
whom their grant was obtained, but the season had now Butler.
so far advanced it was thought inadvisable again to put
to sea. Having appointed John Carver, one of their
number, governor for one year, they proceeded to ex
plore the coast in order to select a favorable spot for a upon the
settlement. On the tenth day of Noveinber they floated «oast °f
-J J New-Eng-
into a commodious bay, where they afterward landed land.
and planted their new home.
Planted their home ! — From the proud eminence on
which we now stand, there is not in the whole range
of historical observation, a more sublime or interesting
spectacle than is presented in the history, the character)
the condition, and the purposes of that small band of
exiled emigrants to these shores. Neither the records
of human enterprise, or of human adventure, present
any parallel like this. The wildest vagiaries of fiction
cannot equal it. One hundred and one persons, in
one frail vessel, embarking for an unexplored country
four thousand miles "distant from all civilized society!
Home, kindred, country, abandoned ; the hardships of
a voyage over an unknown sea encountered ; life itself
periled ! — and for what ? They are poorly clad, and
the shores on which they have landed are bleak with Their con-
the chill winds of a rigorous winter. Tlieir numbers ™'°° ™d
*— purposes*
are few, and they are surrounded by numerous savage
and hostile tribes. They are indifferently supplied
with. the necessaries for subsistence, and they tread an
uncultivated and a frozen soil. The bark which
brought them hither still floats by the shore, and the
home they have left is still open to tlieir return — and
why do they remain ? Is it gold ? Is it gain ? Is it

214 THE GOVERNMENTAL HISTORY OP
Part II. new England.
The fame ? Is it conquest ? Is it plunder 1 Is it any one
taNeT*3 or a11 of these that the7 seek ?— Let themselves and
•England, the sequel of their history answer.
Before they landed, they drew up the following
compact :

1620.

Their com- "In the name op God, Amen. We, whose names are
govern- underwritten, the loyal subjects of our dread Sovreign,
ment. King James ; by the grace of God, of Great Britain,
France and Ireland, Defender of the Faith : having
Motive of undertaken, for the honour of our king and country,
their visit. a voyage to plant the first colony in the northern parts
of Virginia, do by these presents, solemnly and mu
tually, in the presence of God and one another, cove
nant and combine ourselves together a civil body
Thecov-' politic, for our better ordering, preservation, and fur
therance of the ends aforesaid ; and by virtue hereof,
do enact, constitute, and frame, such just and equal
laws, ordinances, acts, institutions and offices, from
time to time, as shall be thought most meet and con
venient, for the good of the colony ; unto which we
promise all due reverence and submission.
November 11th, 1620."
Witness, &c.

enant.

Their set- This compact was signed by forty-one individuals,
tlement; for themselves and families. I have already observed
that no provision had been made in tlieir patent from
the company at Plymouth, which contemplated a land-
Their em- ing so far to the north. This circumstance, seemingly
mentffa- so trivial and untoward, had an important bearing
vorable to upon their interests and the objects of their enterprise.
their ad- Tt ¦ i t ¦¦ • « i
venture. Having landed m a section of country where no au
thority of the crown had prescribed any special regu
lations, and beyond the reach of the grant they received
from the company, they felt themselves more at liberty
to adopt a plan of their own to govern their infant
community; and on this desolate and dreary spot, by

THE UNITED STATES OP AMERICA. 215
THE COLONY OE NEW PLYMOUTH. PART II.
this small band of neglected, despised, persecuted and
betrayed exiles, was laid the foundation — "not of one
institution, but of all the institutions, the settlements,
the establishments, the communities, the societies, the
improvements, the governments, this day comprehended
within the broad and happy borders of New England."* *Edward
They styled themselves The Colony op New Plym- fvereft-
, s . . , , . - Name of
outh, and erected a government vesting the adminis- the colony.
tration in a governor and one assistant, to be elected
annually by the colonists. They provided also for a
general assembly of the people to deliberate on allgovem-
matters of common interest, when every freeman, m,en!' .and
7 <t 7 adminis-
being a member of the church, was permitted to vote, tration.
The common law of England was their general guide
in . matters of legislation, but most of their juridical
system and their municipal regulations, were borrowed
from the institutes of Moses ; and they adopted the
principle of a community of goods, in imitation of the
early christians.
It is a noble sentiment to be cherished by the citizen
of an enlightened christian nation, one which enkin
dles the ardour and inspires anew the devotion of the
patriot, that heaven smiled on the foundation of his
country, and that its care has protected and still fosters
her hberties and institutions. There is no other nation
since the dispersion of the favored people of God,
whose history presents so many and such irrefragable Providen-
proofs of an over-ruling providence as our own. The J^Sj^
interventions of an omniscient agency are manifest
even from the very cradle of her existence, and the
christian historian cannot regard them with silence or
indifference. As I have already remarked, the number
of this band of adventurers, this germ of a future
nation, was small, consisting -now of about one hund
red and three persons, male and female, old and young.
Before the spring arrived, nearly half their number
perished, either through exposure to the inclement
clime, or by famine, or by disease. The survivors,

216 THE governmental history op
PAKT II. NEW' ENGLAND.
Condition afflicted and enfeebled, hardly able to provide for their
onkts in°~own sustenance, were in danger of extermination from
their new the hostility of the natives.
i62o72i. We close, for one moment, the volume of history
and ask — what shall be their fate ? Where in the wide
range of human probabilities can they look for succor
or assistance ? Diminished in numbers, wasted by
famine, debilitated by sickness, without the ordinary
Danger of means for defence, four thousand miles removed from
fionhythe civilized society, how shall we calculate the chances for
Indians, their preservation? They may indeed stretch their
aching eyes over the expanse of waters which rolled
between them and the home of their kindred, hope
they were not forgotten, and listen for a response as
they breathed the Macedonian cry, " Come over and
help us!" But in vain, all such expectations were
delusive. Their kindred knew not their destiny. The
opulent, the honorable, the powerful, or the mighty,
cared not for them, or enquired as to their fate. How
How pre- then shall they be preserved? We open again the
volume of history, and find the record of their deliver
ance written in these words — "a pestilence appeared
among the Indians, whose fearful ravages swept off
entire tribes in a very few weeks, and those which
remained were easily brought to terms of amity and
conciliation."
Their reli- Still it required all the consolations which the Bible
strength, could furnish to sustain them amid the trials which
they were called to encounter — And these were suffi
cient. The undisturbed enjoyment of their religion,
their true faith and their unwavering confidence in the
future, enabled them to battle against all difficulties
with an unparalleled firmness : And so they persevered
with a calm resignation and unconquerable patience :
With heroic fortitude and unfailing virtue they showed
themselves equal to the trust committed to them.
Others might smile at tlieir folly and compassionate
their weakness, but to the eye of their faith it was

THE UNITED STATES OF AMERICA. 217
THE COLONY OF NEW PLYMOUTH. PART II.
revealed as with the light of a sun-beam that they were
planting the home of civil and religious liberty for the
benefit of all mankind. Thus trusting and believing,
they lived and prospered, and soon subdued this inhos
pitable country so that it yielded them a shelter, and
iu time a comfortable subsistence. At the close of the
fourth year their plantation contained one hundred and
eighty persons, thirty-two dwelling-houses and " a fort
composed of wood, lime and stone, with a tower upon
it, which was erected on a mound iri the centre of the
town." * * Marshall.
In 1625 the Rev. John Robinson died at Leyden, and Further ar-
*if
the remainder of his congregation subsequently joined £eyden°m
their brethren in New Plymouth. Having as yet re- HoUand,
ceived no title to the settlement which they occupied,
they at this time made an application to the grand
council of Plymouth, and obtained from them a grant Grant from
of land, but without any charter of incorporation from co'unciTat
the crown. Quiet and unmolested, more peaceful and Plymouth.
tolerant than the settlements which grew up around
them, they remained under the constitution of govern
ment which they had at first adopted — a voluntary
association governed by laws and magistrates of tlieir
own choosing — until the year 1634.f when they were f Robert-
brought under the general jurisdiction of the Massa-^^Ug
chusetts Bay company. The history of this company Mather's
...,,. Magnalia.
must now claim our attention.

The colony of New Plymouth, as we have seen, was Origin of
not settled under the auspices of the second colony of *husMttSSa"
Virginia, although it was planted on the territory com- Bay Co.
prehended within the limits of its jurisdiction in Amer
ica. That company had indeed made no laudable,
hardly any noticeable efforts to improve the condition
of the country. Accordingly James I. issued a new
patent to the then Duke of Lenox, the Marquis of
Buckingham, and others, confirming to them a still
more liberal grant of territory, powers and privileges,

218 THE GOVERNMENTAL HISTORY OF
Part II. new England,
Patent of than were conveyed to the former patentees ; and with
establish- provisions similar to those contained in the new patents
ing the granted to the first colony of Virginia* This new
Council of company was styled The Grand Council op Plymouth
Plymouth, F0K PLANTING AND GOVERNING NEW ENGLAND. This
Nov. 3,
1620. patent conveyed to the patentees "all the territory
*See between forty and forty-eight degrees N. L. And in
length of and within all the breadth aforesaid through
ly l Hist, out the main land from sea to sea.f" The motive as-
Sec Muss •
' cribed to James I. in making this grant to persons whose
wealth, rank, and influence, seemed to promise a more
speedy accomplishment of the objects contemplated in
establishing the former company, was a desire to prevent
the occupation of the country by men professing the
sentiments and bearing the name of the puritans.
Distinction The names puritan and brownist are indiscrimi-
between
the Puri- nately used by historians : And although there was a
Brownbts similarity in some of the essential features of their
respective plans of church order which would seem to
excuse the error, yet it is well known that the former,
with a large proportion of the non-conformists, repealed
many of the laws and ordinances of Brown. It should
be borne in mind too, that the term puritan did not
originate in England until after the brownists went to
$1603-4. Amsterdam.^ . The latter were afterwards merged into
an association called congregationalists under the pas
toral care of the Rev John Robinson, and removed to
Leyden, whence they came to New England, and, as we
have seen, established the colony of New Plymouth.
Origin of When Henry VIII. defied the pope in the matter of
caLTpu- lus marriage with Anne Boleyn, § though he was
ritans. prompted by an unholy purpose, it was nevertheless an
IS inte' assertion of personal freedom and independence extreme
ly hazardous to his own prerogatives of political power.
It was an avowal of personal liberty and personal
responsibility which opened the way for as bold an
assertion of personal independence among his own peo
ple. No matter how rapid or how tardy, how free or

THE UNITED STATES OP AMERICA. 219
AND THE GRAND COUNCIL OF PLYMOUTH. PART n.
how fettered on its way, the progress of the protestant origin of
element of the reformation had already raised the indi- jjjj^0*
vidual man in the scale of human estimation, and Puritans.
opened to his contemplation and his hopes new views
of his importance and his responsibility, his rights and
his duties. Hence the exorbitant prerogatives claimed
for the crown, as well as for the church and its minis
ters, were considered in their bearing not only upon the
religious freedom, but also upon the personal and polit
ical liberties of the subjects. To these sources we must Protestant
refer the origin of those various factions, political and ^^6,^.
religious, which agitated the kingdom when James I. as- ation in
cended the throne. I shall have occasion hereafter to ns
refer to the former, and as to the latter it is sufficient here
to remark, that from among them there arose two parties
of protestants, both alike hostile to the papal authority,
but differing widely as to the mode and the distance of
their separation from its doctrines and its discipline.
The one were the followers of Luther, the other of Calvin.
The one became embodied in the English church, and
the other composed the great body of dissenters who,
variously and in different degrees, repudiated the order
of ministers, ceremonials, institutes and canons, derived
from Rome. Among the latter there was a party or
sect, who held that the crown was no more the head of
the church than the pope — that the church of England
was itself papal and unlawful — that the authority
claimed for her prelates was contrary to the freedom
of the Bible— and that her offices, courts, and canons,
were alike unwarranted by the word of God : They
regarded all these as human assumptions, or imposi
tions of the clergy, or corruptions and inventions which
had crept into the church subsequently to the. days of
the Apostles, and refused to conform to them. Hence
they were called separatists or non-coriformists. From separatists
the zealous and intrepid perseverance with which some ^fn°^;
of them adhered to the Bible as the only rule of faith ists.
to man, and opposed these various claims and innova-

220

THE GOVERNMENTAL HISTORY OF

Part II.

NEW ENGLAND,

Origin of
the sect
calledPuritans.

* Hume.

The politi
cal ele
ments of
Puritan
ism.

James I.
and the
Puritans,

tions, contending for their total abolition and the
restoration of " scripture purity," they were, called
puritans. Princes and learned prelates, churchmen and bigots,
a jealous priesthood and a prejudiced or ignorant laity,
may think and speak of them as they will, but we
have high historical authority for saying " that the pre
cious spark of liberty was kindled and preserved, in
defiance of the absolute authority claimed for the church
and the crown, by the puritans alone. And it is to
this sect, whose principles appeared so frivolous, and
whose habits so ridiculous, that the English owe the
whole freedom of their constitution."* The truth of
history authorizes us to add, that to the same sect or
party we owe the whole freedom of our own federal
constitution, and every other constitution in our land.
They were the first to develope in their platform of
principles the political elements of protestant freedom.
Theirs was indeed the purity of protestantism. They
claimed openly and distinctly, and they proved by prac
tical reasoning and irresistible logical demonstration,
that religious liberty and civil liberty were correlative
and co-existent. That the one could not be fostered
in its purity independently of the other. That the
right to freedom of conscience and freedom of worship,
necessarily involved the right of personal and political
liberty. Before James I. ascended the throne he had taken
considerable interest in the spread of protestant princi
ples, and regarded the cause of the reformers generally
with peculiar care. He had subscribed his name to the
Scotch national covenant, had interceded for the per
secuted clergy, and had even denounced the services of
the established church as an evil-said mass in English.
But no sooner had he received the crown and tasted
the prerogatives of supremacy, than he* forgot his own
pledges, forgot the relation and rights of the subject,
and became a violent persecutor ; and he was more par-

THE UNITED STATES OP AMERICA. 221
AND THE GRAND COUNCIL OP PLYMOUTH. PART II.
ticularly violent towards the puritans. With a show His con-
of justifying his conduct, under the specious pretence w^*°"
of combating tlieir political as well as religious notions, them.
he consented to hold disputations With them at Hamp
ton Court. The more furtive motive, however, was to
ascertain who were their more powerful and prominent
champions, that he might visit upon them the. fury of
his resentment; peradventure he might thereby dis
pirit and disperse their followers. But finding that
these discussions served more to magnify their import
ance and to increase their numbers, he resorted to open
persecution, and the whole power of his crown was ex
erted to exterminate them. At this crisis the prosper
ous condition of the small colony already planted at
New Plymouth in America attracted the attention of
the puritans in England. They saw them removed far The Puri-
beyond the reach of the cruelties of intolerance, and '*"* ptr0°"
determined to seek an asylum on the same shores, where to New
they, too, might enjoy their faith in freedom and full ng an'
security. But James foresaw or apprehended the consequences
should they be permitted to plant themselves independ
ently in America, and incorporated the new company to
which we have referred, under whose superintendence
and control it was intended to bring the settlers of New-
Englarid. By this new patent the charter of the orig
inal Plymouth company was renewed and the privileges
of the corporation were enlarged. But although it
Was endowed with such liberal prerogatives, all its at- Failure of
tempts at colonization were unsuccessful. The patent toet£* en
conferred a monopoly of trade within its limits, and of grand
, . mi • . council of
fisheries in the adjacent seas. These provisions were Plymouth.
complained of by the merchants and traders in Eng
land, were censured in parliament, and finally relin
quished by the patentees, who in consequence aban
doned the project of settling the country. "Thus"
says Dr. Robertson, " New England must forever have
remained unoccupied if the same causes which occa-

222 THE GOVERNMENTAL HISTORY OF
Part II. new England,
James fa- sioned the emigration of the puritans (Brownists or
a°riication Plymouth settlers) had not continued to operate." It
ofthe pu- was doubtless a like conviction which induced the
conse-m crown to acquiesce in the grant of a charter to 'them.
quence. por although they had made repeated applications,
it was not till after this second company, which had
been instituted for the express purpose, had aban
doned all idea of a further attempt at a settlement of
the country, that their application was at all respected.
Death of James I. died in 1625, and the execution of the code
anTsuc- ne hac* devised for the government of his colonies iu
cession of America was left to his son and successor, Charles I.
1625. ' Soon after the accession of Charles I. through the
See Part I. efficient instrumentality of the Rev. Mr. White, an
association was formed of men professing the senti
ments Of the puritans, "who obtained from the grand
Grant from council at Plymouth, a grant of territory in New Eng-
eouncii to lan<^ " extending from three miles north of the river
the puri- Merrimac, to three miles south of Charles' river, and
March, 19, from the Atlantic to the South Sea," or indefinitely
1627. into the interior of the country. This patent was exe
cuted to Sir Henry Roseville and others. They fitted
out an expedition under Capt. John Endicott and
Settlement planted a settlement at Nahumkeck, now Salem, in the
of Salem. month of September following.
Elements The elements of political liberty embraced in the
?b p?pu-lar protestantism of the puritans rendered it necessarily ag-
puritanism gressive and impatient of restraint. It waited not for
favorable t]ie full ^eveiopment of hostility to its principles before
growth as it assailed the barriers which stood in the way of its
progress. And as its legitimate and inherent tendency
was to an ultimate separation of church and state, it
drew to its support, if not within the fold of its parti-
zanship, many men of rank and opulence who yet
cared not to concern themselves about its religious pe
culiarities. These were not the open or avowed advo
cates of its sentiments, but yet had sagacity enough to
foregather from the arbitrary and reckless reign of

THE UNITED STATES OP AMERICA. 223
AND SHE MASSACHUSETTS BAY COMPANY. PART IL*
Charles I., that an asylum for freedom could not too Puritanism
soon be planted on the distant continent of America. DyCtheShos-
Parliament itself began to be disturbed by the convul-«hty of
sive throes wliich now agitated the heart of the people,
and by its discussions and enactments was drawn into
the whirlpool of those discordant factions which were
revolutionizing the kingdom. As the progress of puri
tanical sentiments became thus more rapid and ram
pant, hostility to them became more violent and viru
lent. Hence the more humble and devoted of their
advocates became more eager to escape from the cru
elties of a self-defensive intolerance, on the part of the •
' church and the crown.
But most of them were without the means necessary The politi-
to carry out their purposes of emigration, and they ^^ "of
applied to their more opulent and influential friends to puritanism
aid their enterprise. These, as I have intimated, were tt> their
governed more by political aims, and were unwilling to Pni;p°se of
rely upon a grant derived from a company whose power tion.
to transfer, pohtical privileges they at least questioned.
They therefore proposed to the proprietors of the grant
already obtained from The Grand Council at Plymouth,
to apply directly to the crown for a patent which should
include them by name, and invest them with full cor
porate powers, with the privilege also of locating the
company in London. They accordingly applied for and
obtained from Charles I. a patent containing the re-TheMassa-
quired provisions. They were established under it as BayCom-
a body politic and corporate by the name of The Gov-PanyincorJ
ERNOR AND COMPANY OF THE MASSACHUSETTS BAY IN March 4,
New England. 1®29'
This charter, after reciting former grants of the same General
territory to former companies, invested the new com- P£°^ar.
pany with power to acquire and convey lands, to have ter.
a common seal, &c. Its administrative powers were
vested in a governor, deputy governor, and eighteen
assistants in London, who were in the first instance
named by the crown, and were annually thereafter "to

224 THE GOVERNMENTAL HISTORY OF
Part II. new England,
The Mass. be from time to time constituted, elected and chosen,
incorpora- out of the freemen of the said company for the time
nfV t DemS*" The legislative powers of the company were
March 4, ' vested in the whole body of the proprietors, who were
1629- authorized "to make, ordain, and establish, all manner
of wholesome and reasonable orders, laws, statutes, and
General ordinances, directions and instructions, so as such laws
of thechar- aim ordinances be not contrary or repugnant to the
ter. hws an(i statutes of the realm of England." Lands
were to be holden by the company, and by the purchas
ers and settlers under them, by the most liberal condi
tions of tenure, "in free and common soccage and not
in capite or by knight's service, yielding to the crown
one-fifth part of all ore of gold and silver."
Quorum The governor, deputy governor, with seven assistants,
actingbusi- constituted a quorum for the transaction of business,
ness. " for the better ordering and directing of their affairs ; "
for which purpose they were to meet once a month, " or
General oftener at their pleasures." The body of the proprie-
sessions1 tors constituted the general court of the company,
and pow- which was to meet four times a year, "upon every last
Wednesday in Hillary, Easter, Trinity and Mich'as
Terms respectively ; " for the purpose of admitting free
men to the freedom of the company, electing officers,
and enacting laws and ordinances for its government
and the government of its plantations in America.
Power was also given to the patentees to transport all
persons and things, " without paying custom for seven
years," except such as should thereafter "by special
name be restrained by the crown, its heirs or success-
Exemption ors." The company and settlers were also exempted
an°dim-XeS fr°m all taxes and imposts in New England for seven
posts. years; and for twenty-one years from imposts on ex
ports except five per ct. after seven years. "All sub
jects inhabiting in the lands granted, and tlieir children
which shall be born within the plantation, to have and
enjoy all liberties and immunities of free and native-
born subjects of England." " The governor and deputy

THE UNITED STATES OP AMERICA. 225
AND THE MASSACHUSETTS BAY COMPANY. PART II.
governor of the company for the time being, or either Incorpora-
of them, and any two or more of the assistants there- charie8 1.
unto appointed by the said governor and company, at ?la™h 4'
any of their courts, are fully empowered and required
to administer the oath of supremacy and allegiance, or Oath of
either of them, to all and every person or persons, which and^he-
shall at any time hereafter go or pass to the lands gianoe-
and premises hereby mentioned to be granted to inhabit Colonial '
in the same."* Records.

Historians have speculated a good deal upon the sup
posed readiness with which the king granted to this
company a patent containing such liberal powers and
privileges, or, as they express it, "so free from the
restraints which had hitherto been imposed by the
crown." Wilson tells us that it was "a desire to re- Motives
lieve his kingdom from the religious and political agita- y* ^nt"
tions of the puritan party by opening for them an assy- charter as- '
lum in a foreign land." This was the very opposite of Historians.
the motives ascribed to James I. in refusing to grant a See Part I.
similar application made by the puritans themselves,
and is at variance with the subsequent interdict of the
same monarch. Bancroft reasons, — that "the patent- Bancroft.
ees could not foresee., nor the English government
anticipate, how wide a departure from English usages
would grow out of the emigration of the puritans to
America." This may be strictly true as a matter of
fact, and still it does not reach the question at issue.
He says farther — "the charter, according to the strict
rules of legal interpretation, was far from conceding to
the patentees the freedom of religious worship." This
also may be true, and still it does not help to decide
the matter in controversy, the motives of the king in
granting the charter. Grahame says, " By the puritans Grahame.
and the puritan writers of that age, it was sincerely
believed, and confidently maintained, that the intend
ment of the charter was to bestow on the colonists
unrestrained liberty to regulate their ecclesiastical con-
15

226 THE GOVERNMENTAL HISTORY OF
Part II. new England,
Motives stitution by the dictates of their own judgment and
ing the" ' consciences." Tlie difficulty with this supposition is,
charter as- ^hat " the puritan writers of that age " did not specu-
signed by *¦ °
Historians, late upon the nature of the charter until years after the
period when it was issued, and the puritans themselves
/ were not placed in a condition to call for a controversy
about its particular provisions until after the company
to which it was granted had forfeited it to the crown,
and they attained to the position of a colony in Ameri-
Robertson. ca. Dr. Robertson says, " the king seems not to have
foreseen or suspected the secret intention of those who
projected the measure;" and of this we have no doubt,
as we have already intimated in the text. But to the
point at issue. It is conceded on all hands, and the
fact is so, that the charter did not contain any positive
provisions or directions respecting the institutions and
observances of religion, unless perchance the provision
that their laws and ordinances should be agreeable with
the laws of England, might be so construed. And we
must confess, there is much ground for such an argu
ment. But even then what becomes of the question in
controversy, the motive of the crown in granting the
charter so readily or at all? The truth of the matter
is, there was no particular care taken, no particular skill
exercised by and no particular motive operated with
Real mo- the crown other than what we have mentioned, a desire
* rant'0 *he *° 0CCUPy *ne country and to make it tributary to the
resources of the kingdom. All other efforts having
failed, the crown assented to the application *of the
puritans as the only prospect of settling New England.
Nor was there anything in the provisions of the charter
so peculiarly liberal as is contended. It was natural
enough, after the company had been formed, and after
its settlements had been planted and grew in America,
and after the charter was declared forfeited, that the
nature of its provisions should become a matter of
speculation and controversy among all parties. But
there was nothing in the circumstances to originate any

THE UNITED STATES OF AMERICA. 227
• AND THE MASSACHUSETTS BAY COMPANY. PART II.
such discussion at the time it was procured. There The real
was nothing in the character of the applicants for it to ™ grant-
excite the apprehensions ofthe crown. Those of them'"g the
cliEirter
who asked for the charter and openly avowed their
intention to plant themselves in New England. were
known to be of the puritan faith. And although as
a religious sect they were sufficiently obnoxious for
Charles to rejoice in the prospect of their removal
beyond the sea, still the existence of the puritan
party as a political organization, was not, at this early
period in his reign, sufficiently defined or known to
excite apprehension or suspicion of any ulterior de
sign in the application, made for this charter. The pro
prietors of the company named in it were not open or
avowed advocates of puritanical sentiments. They did
not apply for the charter as a political party, or entirely
as a religious sect, but as a commercial and trading cor
poration. Similar patents had been frequently issued to
similar associations of his subjects, and each in its turn
had failed of accomplishing its object ; why should not
another be permitted to try the same experiment? The
corporation was to be located at London, its business to
be transacted there, all under the immediate supervis
ion of the sovereign. What objection then to its estab
lishment ? We dwell upon this point because it has a Import-
more important bearing on the actual development of tnia pomt_
free principles in America, and the claims afterwards
made by our puritan fathers as colonists and subjects
of Great Britain than at first appears. It must be
remembered that the charter was issued to a commer
cial company to be located in London. How that com
pany lost this character, and became a colony of free
men in Neiv England, the sequel will show. The great
error of historians has been in confounding the com
panies with the colonies, and not distinguishing be
tween them.
But whatever controversy may thereafter have arisen,
as to the designs of the crown, or the company, or as to the
express or implied provisions of their charter, it is certain

228 THE GOVERNMENTAL HISTORY OF
Part II. new England,
that the proprietors of the patent were not deterred from
prosecuting the objects they had in view ; and the puri
tans did not hesitate to embark under their auspices.
First ex- The first expedition under the management of this
under this corporation was fitted out in the month of April in the
i62qApn1' same year. It consisted of five ships and upwards of
three hundred emigrants, all of whom were of the
religious sect of the puritans, and were seeking a
refuge from the persecutions of their native land.
They reached the shores of New England in the month
of July following, and settled themselves at Salem, where
Capt. Endicott had already planted his infant colony.
Ordinance Previous to their departure from England the folio w-
eral Court" hig proceedings were had in the General Court of the
for the company in relation to the government of the colony.
ment of "At a General Court, holden at London, the 30th day
the coio- Qj Aprn^ 1629, by the governour and company of the
Massachusetts Bay in New England.
" Whereas the king's most excellent majesty hath
been graciously pleased to erect and establish us, by his
letters pattents, under the great seal of England, to be
Recital of a body corporate, entitled The Governor and Company
given by of the Massachusetts Bay in New England ; and thereby
the Char- hath endowed us with many ample privileges and
immunities, with power to make good and wholesome
laws, orders, and ordinances, for the better mainten
ance and support of the said privileges, and for the bet
ter and more orderly and regular government, to be
observed in the prosecution and, propagation of our
intended voyages, and the plantation there ; authoriz
ing us to nominate, and appoint, and select, fit persons
amongst ourselves for the managing, ordering, and gov
erning of our affairs, both in England and in the places
specified and granted unto us by virtue of his majesty's
said charter, we have, in the prosecution of the said
power and authority given us, and in conformity there
unto, and to the purpose and intent thereof, and not
otherwise, thought fitt to settle and establish an absolute

THE UNITED STATES OF AMERICA. 229
AND THE MASSACHUSETTS BAY COMPANY. PART II.
government at our said plantation in the said Massa- Ordinance
chusetts Bay in New England ; which by the vote and ^Co^rt"
consent of a full and ample court, now assembled, is for the
ffOVBPll"
thought fitt, and ordered as followeth, viz. ment of
" That thirteen of such as shall be reputed the most ^a0^"7'
wise, honest, expert, and discreet persons resident upon 1629.
the said plantation, shall from time to time and at allgr^e|t0T"
times hereafter, have the sole managing and ordering of the col-
of the government, and order affairs there, who to the ony"
best of their judgments, are to endeavor so to settle
the same as may make most to the glory of God, the
furtherance and advancement of this hopeful planta- Motives
tion, the comfort, encouragement, and future benefit of
us and others, the beginners and prosecutors of this so
laudable a work.
"The said thirteen persons so appointed to be entitled Title ofthe
by the name of The "Governour and Councel of London's g0Vern-
plantation in the Massachusetts Bay in New England. ment-
" And having taken into due consideration the merit, Capt. En-
worth, and good descent of Capt. John Endicott, and ported11*
others, lately gone over from hence with purpose to governor.
reside and continue there ; we have, with full consent
and authority of this court, and by erection of hands,
chosen and elected the said Capt. John Endicott to the
place of present governour in our said plantation.
"Also, by the same power, and with the like full and The colo-
free consent, we have chosen and elected Mr. Fra : Hig- °0^j£te
geson ; Mr. Sam : Skelton ; Mr. Fr. Bright ; Mr. John
Browne ; Mr. Sam : Browne ; Mr. Thos : Graves ; and
Mr. Samuell Sharpe, these seven, to be of the said
councell, and do hereby give power and authority to the
said governor and those seven to make choice of three
others, such as they or the greater number of them, in
their discretions, shall esteem and conceive most fitt
thereunto, to be also of the said councell. outeh J££
"And to the end that the former planters there may ny t0
. ¦ „ . , . . . ' choose two
have no just occasion ot exception as being excluded additional
ont of the privileges of the company, the court are con- memDers-

230 THE GOVERNMENTAL HISTORY OF
Part II. new England,
Ordinance tent, and do order, by erection of hands, that such of
eral Court the said former planters as are willing to live within
for the the limits of our plantation, shall be enabled, and are
govern- *
ment of hereby authorized, to make choice of two such as they
Apriuo17' sha11 tllink fitt> to ^PP1? and make UP the number of
1629. twelve of the said councel, one of which twelve is, by
Deputy the governour and councel, or the major^part of them,
|ovemor, ^Q ^Q ch0Sen deputy governour for the time being.
chosen. "And further, the court doth authorize and give
secretary Power *° tne sa"l governour and councel, or the major
and other part of them, (whereof the governour or deputy to be
always one) to make choice of a secretary, and such
other" subordinate officers, to attend to them at their
courts, meetings, or otherwise, &c, as in their discre
tions shall seem meet and needful.
Oaths of " And we do hereby authorize  to administer
admmis-0W un*0 *ne governour the oath to his place appertaining ;
tered. and that the governour having taken his oath as afore
said, shall administer the oath to the deputy apper
taining to his place. And we do hereby authorize the
governour or deputy, or either of them, to adminis
ter the oath to the rest of the councel, and unto all
others the several officers respectively, which said oaths
are to be administered in a publique court, and not
elsewhere.
Term of " It is further concluded on, and ordered by this court,
office^ of t|iat t^e sai(j governour, deputy and councel before
deputy named, so chosen and established in their several places,
fnTcoun- shall continue and be confirmed therein for the space
cU- of one whole year from and after the taking the oath, or
until such time as this court shall think fitt to make
choice of any others to succeed in the place or places
of them, or any of them.
Vacancies "And if it shall please God that any of them, or any
or removal °^iers to ^e hereafter chosen to any office there, shall
depart this life before the expiration of the time they
were so chosen ; or for any misdemeanour, or unfitness,
shall be held unmeet for the place he was formerly

THE UNITED STATES OP AMERICA. 231
AND THE MASSACHUSETTS BAY COMPANY. PART II.
chosen unto, that the governour or deputy and councel, Ordinance
or the greater number of them, at an ample court erai court'
assembled, shall have power, and hereby are authorized, for the
not only to remove and displace such unfit person or ment of
persons, but also to nominate and choose a fit person j^^ao7'
or persons to succeed him or them so deceased, i?29.
removed, or displaced as aforesaid, into the said
place or places, for the residue of the time unex
pired. "And it is further agreed on and ordered, that the Courts, by
governour for the time being shall have power, and is J^^
hereby authorized, to call courts and meetings in places
and times convenient, as to his discretion shall seem
meet ; which power is hereby also conferred upon the
deputy in the absence of the said governour ; and the
said governour or deputy, together with the said coun
cel, being chosen and assembled as aforesaid, and
having taken their oaths respectively to their several
places, they, or the greater number of them, whereof
the governour or deputy to be always one, are author
ized by. this act, grounded on the authority derived Powers of
srovftrnor
from his majesty's charter, to make, ordain, and estab- and coun-
lish all manner of wholesome and reasonable laws, Jj^0 £*ke
orders, ordinances, and constitutions, (so as the same
.be no way repugnant or contrary to the laws of the
realm of England,) for the administering of justice
upon malefactors, and inflicting condign punishment
upon all other offenders, and for the furtherance and
propagating of the said plantation, and the more
decent and orderly government of the inhabitants
resident there.
"It is further ordered, that a copy of all such laws,
orders, &c, is from time to time to be sent to the com
pany in London — and that a copy of the acts and Copies of
orders made this present day for settling the govern- s*wts J° t^e
ment in the plantation of the Mattachusetts Bay afore- company
- . , in i .-, m London.
said, shall be fairly engrossed, and sent under the
company's seal, subscribed by the governour and deputy,

232 THE GOVERNMENTAL HISTORY OF
Part II. new England,
Ordinance by the speediest conveyance for New England that
:rfafcott'(can)behad."* for the A further provision for the settlement of the country
mentof the was subsequently made at a general court of the com-
r'rins'o pany in London, as follows:.
1629. ' "Thursday, 21st of May, 1629. TJiis Court, taking
* l. Hist. m^0 (jue an(j mature consideration how necessary it
Mass. will -be that a dividend be forthwith made of some
competent quantity of land in the London plantation
lands to be in New England ; both for the present accommodation
tmned t of tlie Pe°ple lately gone thither, as well to build them
settlers, houses, as to inclose and manure, and to feed their
' cattle on, have thought fit and ordered, that the gov
ernour, deputy, and councel there, shall make a dividend
accordingly, and allott the same unto the several ad-
Ailowance venturers and others as followeth, viz. : That two -hund-
° an " red acres of land be by them allotted to each adven
turer, for £50 adventure in the common stock, and so
after that rate, and according to that proportion, for
more or less, as the adventure is, to the intent they
may build their houses and improve their labors
thereon.
Apportion " That every adventurer in the common stock, or his
ment of servant for him, or on his behalf, shall make request or
lands how
obtained, demand to the governour or deputy ana councel to have
a portion of land allotted unto him accordingly ; and
if within ten days after such request or demand, the
same be not set out and allotted unto him, then such
person or persons are, by virtue of this act, permitted
and authorized to seat him or themselves, and build
his or their house or houses, and inclose and manure
ground, in any convenient place or places not formerly
Limitation built upon or manured ; provided, that the land so
Sent of0t'maae cfi°ice °f by any such person or persons do not
lands. exceed in quantity the one-half of the land which is to
be allotted unto him or them, by dividend, according
Selection to this order above written ; with liberty also, when
aUotment. the first dividend shall be made, to take his or their

THE UNITED STATES OF AMERICA. 233
AND THE MASSACHUSETTS BAY COMPANY. PART II.
allottment of land as others do, in lieu of this, if in
the mean time the first choice shall be disliked by them
or any of them.
" And for further explanation of this act, it is thought
fitt that if the platt of ground whereon the town is to
be built be set out, and that it be publickly known to
be intended for that purpose, that then no man shall-
presume to build his house in any other place (unless
it be in the Mattaehusetts Bay, and there according to
such direction as shall be thought meet for that place ;)
and in case his allottment for building his house within Laying out
the platt of ground set out for building of the town be and ^uild.
not appointed unto him within ten days after demand jng regu-
rr J lations.
or request to the governour or the deputy and councel
for the same, it shall be free for any, being an adven
turer in the common stock, or his servant for him, or
on his behalf, to build his house in any place within Adyentur-
the said platt set out for the town, and to impale to the C0mm0I1
quantitv of half an acre of ground for each £50 stock may
^ J , choose
adventure in the common stock, unless a greater or building
less proportion be formerly determined by the gov-lot-
ernour and councel, by which each builder is to be
guided and directed.
"It is further thought fitt and ordered, that all such as Allotment
go over in person, or send over others at tlieir own turgr J ^
charge, and are adventurers in the common stock, settlers.
shall have lands allotted to them for each person they
transport to inhabit the plantation, as well servants as
all others ; which fifty acres of land, so allotted to
servants or others, is hereby ordered to be to and for
the use of his master or setter forth, being an adven
turer in the common stock, to dispose of at his dis
cretion, in regard the said master is at the charge of the
said servant and others, their transportation, wages,
and otherwise ; but for such as, being no adventurers
in the common stock, shall transport themselves and Allotments
their families, it is ordered, that fifty acres of land shall ^erstf

(be) allotted and set out for the master of the family

families.

234 THE GOVERNMENTAL HISTORY OF
Part II. new England.
and such a proportion of land more, if there be cause,
as, according to their charge and quality, the governour
and councel of the plantation there shall think neces
sary for them, whereby their charge may be fully and
amply supported, unless it be to any with whom the
company in London have or shall make any other par
ticular agreement, to which relation is to be had in
such case.
Conveyan- "And to the end every adventurer may the more
be made, safely and peaceably enjoy their said lands allotted
unto them, or chosen by them, and the houses they
build thereupon as abovesaid, it is thought fitt and
ordered by this court, that conveyances shall be made
thereof unto each particular man for the land he pos-
sesseth, in the company's name, and the common seal
of the company to be thereunto affixed by the gov
ernour and councel there, at the charge of the company,
Colonial which common seal is, by this court, thought fitt and
to have^ ordered to be committed to the charge and keeping of
common the governour for the time being, and in his absence to
his deputy there.
Copies "All which premises before mentioned the company
befor- ° do, by general consent, ratify, establish and confirm ;
warded, and do also order, that copies of these acts shall be
sent over to the governour and councel there resident,
subscribed by the governour, deputy, and six of the
* l Hist, assistants here, and sealed with the common seal of the
Records ,,*
Mass. 363. company. '*

Thus was framed the first colonial government of
the first colony planted in New England under the
immediate auspices and supervision of a company
incorporated by the crown. In its resources, its plans
Massachu- and appliances, the company which planted Massachu-
and New' se*ts ^J possessed advantages which insured a more
Plymouth, rapid and effective settlement of the country than had
fallen to the lot of the New Plymouth colony. Still to
the latter belongs the distinguished pre-eminence of

THE UNITED STATES OF AMERICA. 235
MASSACHUSETTS BAY AND NEW PLYMOUTH. PART II.
having planted an independent settlement, nurtured Fraternal
by its own care, its own perils, its own labours, and its ^a'°gn %
own toils ; unaided and uncared for by any company and New
or association in the mother country. It had demon- i/^°u '
strated the practicability of planting a thriving settle
ment in the colder latitudes of North Virginia. It
had, as it were, made the crooked places straight, the
rough places smooth, and opened the way for a mora*
genial entrance to those who now came to New Eng
land with more ample resources and a prouder patron
age We have observed that the colony of New Plymouth Religious clvtit'rcn cp9
was composed of members of the congregational asso- 0f the two
ciation established at Leyden in Holland, under thecolonies-
Rev. John Robinson. These adventurers had left Eng- See ante.
land some years previous to this date, and before the
progress of the reformation had developed the political
elements of freedom embraced in the protestantism of The cause
the puritans. They had thus been living for more g^1^'
than twenty years in far off exile, and were necessarily
ignorant of the progress of free principles in the parent
country. They were therefore unprepared for the lat-
itudinarian notions entertained by those who now
planted the colony of the Massachusetts Bay company
at Salem. Hence it occurred that the settlers at New
Plymouth were in some measure opposed to the out
ward form of worship and the order of church disci
pline adopted by the settlers at Salem, which seemed
at first view to originate dissension among them. But
upon a conference between the prominent church offi
cers ofthe respective settlements, their difficulties were Their to-
removed, and each colony adopted a nearly similar plan pians 0f
of church order, both of them expressly repudiating °£™f
all affinity with the Established Church of England,
and its ceremonials and forms of worship. The dis
similarity in their views, however, was shadowed forth
by the Plymouth church calling itself Congregation
alist, and the church at Salem calling itself Independ-

236 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Significan- ent. It seems to us a distinction almost without a
a[ff°r. their difference. Still it serves to mark the phases of pro-
ences. testantism -at the different periods when those who
planted the respective settlements left the home of
their fathers. A few of their number expressed them
selves attached to some of the forms of the church of
England, and being dissatisfied with their entire abo
lition, claimed the right to withdraw from the rest,
Settlers and to associate together in a more distinctive organ-
t^Eng-0 ization. Being otherwise radical in their views, they
land. were summoned to appear before the governor and
See l Hist, council at Salem, were condemned as movers of
Rec. Mas., »
407. sedition and discord, and sent back to England.
It is not for the historian of our own day to pass sen-
Character tence of condemnation on this seemingly illiberal act
of this act. 0f these well tried pioneers of freedom. A philosophic
and unbigoted judgment may rather discover in it the
first development in New England of that priceless
principle of republicanism, which lies at the founda
tion of all our institutions, submission to the will of the
majority. True, we would not now apply it in matters
of religious opinion, or of religious worship, or to bind
the consciences of men. But we must remember that
that political element in the protestantism of the puri
tans whose tendency was ultimately to separate the
church and the state and vastly to liberalize both, had
not yet developed itself in full maturity even in the
mother country. We shall be careful as we proceed to
note the different stages of its advancement in either
country because its realization was and is peculiarly
American.
Character But apart from this, it would seem from the records
sonsban-r' °^ tne London company at this date, that these persons,
ished. who, with their leaders were thus banished from the
colony, were not altogether faultless, nor capable of
becoming very contented or valuable residents. On the
sixteenth day of October, the governor and company
in London addressed letters to the ministers and gov-

THE UNITED STATES OP AMERICA. 237
MASSACHUSETTS BAY AND NEW PLYMOUTH. PART II.
ernor of the colony, of which the following are copies.
They are interesting and characteristic.

" To the Ministers.
Reverend Friends. There are lately arrived here Letter
(being sent from the governour, Mr. Endicott, as men g™™^
factious and evil conditioned) John and Samuel Browne, and com-
being bretiiren; who, since their arrival, have raised London to
rumors (as we hear) of divers scandalous and intern- J^mmis-
perate speeches passed from one'Or both of you in your 1629.
public sermons or prayers, in New England ; as also of
some innovations attempted by you. We Have reason >
to hope that their reports are but slanders, partly for
that your godly and quiet conditions are well known to
some of us ; and also for that these men, your accusers,
seem to be embittered against you and Capt. Endicott
for injuries which they conceive they have received
from some of you there. Yet, for that we all know
that the best advised may overshoot themselves, we
have thought good to inform you of what we hear, that
if you be innocent you- may clear yourselves ; or, if
otherwise, you may hereby be entreated to look back
upon your miscarriage with repentance, or at least to
take notice that we utterly disallow any such passages ;
and must and will take order for the redress thereof as
shall become us.
" But hoping, as we said, of your umblamableness
herein, we desire only that this may testify to you and
others that we are tender of the least aspersion which,
either directly or obliquely, may be cast upon the state
here, to whom we owe so much duty ; and from whom
we have received so much favor in this plantation where
you now reside. So, with our love and due respect to
your callings, we rest Your loving friends.
London, October, 1629.
R. Saltonstall, Matt: Cradock, Gov'r.,
Isa: Johnson, Tho: Gopf, Dep't,
Geo : Harwood, Treas.,

238 THE GOVERNMENTAL HISTORY OP
Part II. new England. John Winthrop,
Tho: Adams,
j Sym : Whetcombe,
Willm Vassal,
Wm: Pinchon,
To Mr. Skelton and John Revell,
Mr. Higgison. Francis Webb.

Letter from the Governour and Company to Governour
Endicott.
Letter " Sir. As we have written at this time to Mr. Skel-
governor *on &Vu& ^r- Higgison, touching the rumors of Jo : and
and com- Sam : Browne, spread by them on their arrival here.
pany in . ' * • '
England to concerning some unadvised and scandalous speeches
nMgov-' uttered by tiiem in their public sermons or prayers, so
emor, Oct. have we thought meet to advertise you of what they
have reported against you and them concerning some
rash innovacions begun and practiced in the civil and
Character ecclesiastical government. We do well consider that
sons ban^r'*ne Brownes are likely to make the worst of anything
ished. they have observed in New England, by reason of your
sending them back against their wills for their offensive
behaviour, expressed in a general letter from the com
pany there. Yet, for that we likewise do consider that
you are in a government newly founded, and want that
assistance which the weight of such a business doth
Opinion of require we may have leave to think that it is possible
the com- gome undigested counsels have too suddenly been put
in execution, which may have ill construction with the
state here, and make us obnoxious to any adversary.
" Let it therefore seem good unto you to be very
sparing in introducing any laws or commands which
may render yourself or us distasteful to the state here,
to which (as we ought) we must and will have an obse
quious eye. And as we make it our main care to have
the plantation so ordered as may be most for the honour
of God, and of our gracious sovereign, who hath be
stowed many large privileges and royal favours upon this

THE UNITED STATES OP AMERICA. 239
MASSACHUSETTS BAY AND NEW PLYMOUTH. PART II.
company, so we desire that all such as shall, by word
or deed, do anything to detract from God's glory, or
his majesty's honor, may be duly corrected, for their
amendment, and the terror of others.
"And to that end, if you know anything that hath General
been spoken or done, either by the ministers (whom the a Tloe"
Brownes do seem tacitly to blame for some things uttered
in their sermons or prayers) or any others, we require
you, if any such things be, that you form due process
against the offenders, and send it to us by the first, that
we may, as our duty binds us, use means to have them
duly punished. So, not doubting but we have said
enough, we shall repose ourselves upon your wisdom ;
and do rest Your loving friends.
Dated &c. as the former.
To the Gov'r, Capt. Endicott.

These letters evince a degree of caution in the man- The com-
agement and operations of the company in London, Pany's let>
ters tO tllG
which confirms what has been said of the manner in ministry
which their charter was obtained from the crown, andg"nof0J£
the political aims which prompted the proprietors of the colony,
the patent to become interested in the enterprise of
settling New England. They are tenderly careful that
nothing should be done in the colony to excite repre
hension or awaken suspicion of their designs. And p0HCy of
although the principle of popular sovereignty, now prae- *?ef0rr°" in
tically shadowed forth by the people of Massachusetts London.
Bay as an element of social and municipal organization,
was not distasteful to the shrewd proprietors in Eng
land, still they felt called upon as a matter of policy
" to have an obsequious eye " to the crown, and at least
seemingly to rebuke its exercise. I have* given their Their char-
names in full because- of the conspicuous position they ^£L^
afterwards held in the colony. They were not ordinary
men ; nor had they undertaken the performance of aii
ordinary experiment in instituting the company of

240 THE GOVERNMENTAL HISTORY OP
Part II. new England.
which they were now the ruling spirits and guides.
They foresaw, on both sides of the Atlantic, the dawn
ing of a joyous era in the annals of nations and of man
kind, and appreciated their own mission in connection
with its development. They felt that their work at
home was one of equal moment with that of their co-
laborers who had only preceded them in their far off
exile i Theirs was the task not only to uphold and
strengthen the infant plantation, but also to anticipate
and provide for the future day of their own proposed
departure to the same nursery of freedom. It is a re
markable and a noticeable fact that before these letters
were transmitted to the colony, the general court of
the company had already privately agitated the ques
tion of removing themselves and their charter to New
England.
Condition Meanwhile the more adventurous exiles were experi-
colony in encing their full share of toil and self-sacrifice on the
America, distant coast. The hardships and perils encountered
amid the severities of the winter which followed close
upon the landing of the puritans at Salem; sickness,
privation and famine, materially reduced their numbers
both here and at the plantation of New-Plymouth.
Had it not been for the religious faith and fortitude of
the survivors, and the increasing cruelties of intolerance
in the mother country, now perhaps might have termi
nated forever, all hope of planting a permanent settle
ment on the shores of New England.
The char- The disaffection which agitated the kingdom of Great
reign of d Britain on tlie accession of Charles I. to the throne,
Charles I. was ripened into revolution by the circumstances of his
reign. Succeeding to the sovereignty at the early age
of twenty-five, he lacked that forethought and prudence
Avhich might have tempered his elevation. Though
endowed with many excellent qualities which would
have given lustre to a more private life, he was never
theless without the capacity to understand, or properly
to estimate, the political notions floating among the

THE UNITED STATES OP AMERICA. 241
THE COMPANY AND COLONY OF MASSACHUSETTS BAY. PART II.
people in the kingdom over which he. was called to rule. Condition
The civil discord and religious enthusiasm which hadyn^om
been generated by the conduct of James I. now swayed on his a<>-
the minds of his subjects with an almost absolute con
trol. It required in the new sovereign a wise policy,
skillfully devised, cautiously adapted, and well admin
istered, to meet the exigences of his reign and to pre
serve and promote the interests of his crown. By ele
vating Dr. Laud to the highest ecclesiastical dignity in
his kingdom, and conferring upon, or entrusting to him
his own prerogatives of temporal power, he excited the
odium of all protestant parties, and alienated forever
from his person the affections of the great body of the
people.* The counsels of the Arch-Bishop were readi-*Robert-
ly heeded by the timid monarch, whose conduct offend- Hume.
ed and alarmed many men of rank and opulence who
had hitherto looked rather indifferently on the contest.
These now more actively entered the field, and espoused Political
the cause of the puritans. Some did it from principle, ^Ints of
and others for the sake of acquiring popularity. Puri- puritan-
tanism thus began to develop more openly and force
fully the political elements of its protestantism ; until
it assumed at last the aspect of a political party as well
as a religious organization. While thus it gained a
more respectable footing, the spirit of intolerance and
hostility grew more furious and relentless. Its cruel
inventions appalled the minds of men, convulsed the
nation, and caused many to look toward the asylum so
fittingly opened in America. Besides the hostility Oppres-
manifested towards the puritans by the high church Charles I.
and torv parties during the reign of Charles I., the op-faTOredtlie
pressions he himself practiced upon his people generally, party.
in the arbitrary extension of the prerogatives of his
crown, and his exorbitant and unconstitutional demands
upon all classes of his subjects, produced a general dis
content with his administration.
The Massachusetts Bay Company in London with an
eagle observation foresaw the progress of these causes
16

242' THE GOVERNMENTAL HISTORY OP
Part II. new England.
Further of conflict and agitation, and anticipating its necessity
meat of na<i already quietly discussed the plan of removing their
the aims chief government to New England. "At a meeting of'
Mass. Bay the general court of the company held at Mr. Dupuytes
Co' house, Mr. Deputy acquainted the court, that the
Proposi- especial cause of their meeting was to give answer to
transfer divers gentlemen, intending to go into New England,
the char- whether or no the chief government of the plantation,
New Eng- together with the pattent, should be settled in New Eng-
1629 AUg' land' or liere"
" Whereupon it was ordered, that this afternoon Mr.
Action Wright; Mr. Eaton; Mr. Adams; Mr. Spurstowe, and
thereupon, such others as they should think fit to call unto them,
whether they were of the company or not ; to consider
of arguments against the settling of the chief govern
ment in New England.
"And, on the other side,. Sir Richard Saltonstall;
Mr. Johnson ; Capt. Venn ; and such^ others as they
should call unto them, to prepare arguments for the
settling of the said government in New England ; and'
tliat to-morrow morning, being the twenty-ninth day of
August, at seven of the clock, both sides should meet
and confer and weigh each others arguments, and after
wards, at nine of the clock (wliich is the time appoint
ed of meeting for a general court) to make report
thereof to the whole company, who then will determine
this business.
Report and " At a General Court at Mr. Dupuytes house, the 29th
*ereon. °f -August, 1629. This day the committees which were
appointed to meet yesterday in the afternoon to con
sider of arguments pro and contra touching the set
tling of the government of the company's plantation
in New England, being according to the order of the
last court met together, debated their .arguments and
reasons on both sides ; where were present many of the
assistants and generality; and after a long debate, Mr.
Deputy put it to the question as followeth ;
the report. "As many of you as desire to have the pattent and

THE UNITED STATES OF AMERICA. 243
THE COMPANY AND COLONY OP MASSACHUSETTS BAY. TaRT IL
the government of the plantation to be transferred to The com-
New England, so as it may be done legally, hold up j^"^ \^
your hands : So many as will not, hold up your hands : transfer
" Where, by erection of hands, it appeared by the gen- ter to New
eral consent of the company, that the government and ^!a™ '
pattent should be settled in New England, and accord- 1629.
ingly an order to be drawn up."

Although it does not appear that any objection was
made to the proposition, on the part of those directly
interested in the transactions of the company, yet its
necessity was earnestly urged by the proprietors in view
of the increasing emigration and the political as well as
pecuniary interests at stake ; a government, they contend
ed, so far removed from its subjects, so wholly unac
quainted with the country in which they were located,
was not in a condition to know their wants, and must
necessarily be ignorant of their embarrassments. The
matter continued to be deliberated upon and discussed
among themselves until it was brought to a termination
on the twentieth of October, at a meeting of the gen
eral court of the company, "held at Mr. Goff the
Deputy's house;" when, as the record reads,
" Mr. Governour acquainted those present, that the Articles in
• reference
especial occasion of summoning this court was for the to the re
election of a new governour, deputy, and assistants, "10Ta''^ct-
the government being to be transferred into New Eng- x nut.
land, according to the former order and resolution of Rec> ^ass>
the company : But before the court proceeded to the
said election, certain articles of agreement, conceived
at a meeting yesterday between the adventurers here at
home and the planters that are to go over, as well for
the managing and settling of the joint stock, as for recon
ciling of any differences that may happen upon this
change of government, were now read and recommend
ed to the court for their approbation, and for the nomina
tion and appointment of a competent number of commit
tees to meet, and treat, and resolve of these businesses.

244 THE GOVERNMENTAL HISTORY OP
Part II. new England.
Proceed- " The articles themselves were approved of, and Five
ings of the _.
general Committees on either part were thereupon chosen, viz.-,
vi'ew'of1 Sir Richard Saltonstall ; Mr. Winthrop ; Mr. Dudley ;
their re- Mr. Johnson and Mr. Humfry ; for the planters : And
N°Ea Oct. f°r *ne adventurers was chosen Mr. Governour ; Mr.
26, 1629. Aldersey ; Mr. Wright ; Mr. Hutchins ; and Capt.
Venn : And in case the said committee, or the greater
number of them, should differ in any one or more par
ticulars, and not agree thereon, there was chosen for
umpires, Mr. Whyte, the councellor; Mr. Whyte of
Dorchester ; and Mr. Davenport ; to whom the decision
and determination of all such differences is referred,
according to the tenure of the said articles of agree
ment.
Extension' " And it being further taken into consideration, that,
°ermQfthe in regard to the shortness ofthe time limited to the
committee, committees, many things of weight and consequence
in this so great a business may either not be at all
thought on, or otherwise left unresolved by them and
the said umpires, it is therefore thought fitt by this
court that the said committee and umpires shall con
tinue till the end of this term ; and whatsoever mate
rial things for the good of the plantation shall in that
time be treated on and resolved by them, the same to
be as valid and effectual as if it had been done before
the expiration of the time limited by the articles.
The com- " And it ivas further thought fitt that all such others
cessTbteto °^ tne company as will, may, from time to time, have
parties in- access to the said committee, to propound such things
as they conceive beneficial for the business, or to pre
sent their opinions in writing, but not to debate with
them for interrupting their proceedings. All which
being put to the question, was approved of, and, by
erection of hands, ordered accordingly..
Election of " And now the court, proceeding to the election of a
a new gov- new governour, deputy, and assistants, which, upon seri-
couucil. ous deliberation, hath been and is conceived to be for the
especial good and advancement of their affairs; and

THE UNITED STATES OF AMERICA. 245
THE COMPANY AND COLONY OP MASSACHUSETTS BAY. PART II.
having received extraordinary great commendations of "J°hn Win"
Mr. John Winthrop, both for his integrity and suffi- chosen
ciency, as being one very well fitted and accomplished S0TenME.
for the place of governour ; did put in nomination for
that place the said Mr. John Winthrop ; Sir Richard
Saltonstall ; Mr. Is: Johnson ; and Mr. John Humfry ;
and the said Mr. Winthrop, was, with a generail vote
and full consent of this court, by erection of hands,
chosen to be governour for the ensuing year, to begin
on this present day ; who was pleased to accept thereof,
and thereupon took the oath to that place appertain
ing. In like manner, and with like free and fullDePutv
° governor.
consent, Mr. John Humfry was chosen deputy gov
ernor ; and
Sir. R. Saltonstall, Mr. Thomas Sharpe, The coun-
Mr. Is: Johnson, Mr. John Reveil,
Mr. Thos. Dudley, Mr. Matt. Cradock,
Mr. Jo: Endicott, Mr. Thomas Goff,
Mr. Noell, Mr. Aldersey,
Mr. Wm: Yassal, Mr. John Venn,
Mr. Wm: Pinchon, Mr. Nath: Wright,
Mr. Sam: Sharpe, Mr. Theoph. Eaton and
Mr. Edw: Rossiter, Mr. Thomas Adams,
were chosen to be assistants ; which said deputy, and Oaths of
the greatest part ofthe said assistants, being present, took mi^stered,
the oaths to their said places appertaining respectively."

Thus were the preliminary arrangements consum-'
mated for a removal of the government and charter of The result.
the Massachusetts Bay Company, the parent ofthe col
ony of Massachusetts Bay, and thus the company itself
was transformed from a commercial corporation in Lon
don to a political colony in New England. It was a very
bold and a very important step, and it is somewhat remark
able that a movement so revolutionary in its character
should have been accomplished without attracting the
observation of the crown. The proprietors of this lib
erally endowed commercial association, removing them-

246 THE GOVERNMENTAL HISTORY OF
Fart n. new England.
Ef the^ov selyesJ their charter and their government to America,
emment without even asking permission of their sovereign, was
te/oi^the certainly a lofty exercise of pohtical independence.
company Once across the Atlantic and they might feel themselves
England, altogether free from the inspection and the control of
1629-30. tue crown, and not subject to its immediate interfer
ence. Thus an opportunity would be afforded for a
more easy and independent execution of their original
plans, while those of the proprietors who, whether
from motives of interest or of policy, remained at home,
might more openly and fearlessly avow the political
sentiments of the puritans.
Arrival of The charter with the officers elected to the govern-
the charter °
in New ment of the company, arrived in New England in the
j^fk ' month of June of the following year, and at the same time
with them about fifteen hundred other persons who
had embarked at an expense of £20,000, or about
$100,000. They landed at Cape Ann, near Salem,
but not being satisfied with that location they plant
ed themselves at Trimountaine, afterwards called Bos
ton; which "all agreed," says Gov. Winthrop, "is
a fitt place for a beautiful town ; " they also laid the
The offi- foundation of Roxbury and Charlestown : The gov-
cers oi the .
Co. as- ernor, the deputy, and assistants chosen by the com-
go"cn>e Pany m L°n(lon, " conjointly with all the freemen who
mentof the should thereafter settle in New England," were vested
co ony. ^.^ a^ t^e corporate rights, powers, and privileges,
which had been conferred by the crown upon the orig
inal patentees.
Governor Governor Endicott, till now the governor of the
takes the colony, having been appointed to a place in the coun-
oath of an ^ f assistants, on the election of John Winthrop to
assistant. ~ >
the office of governor, before the government was trans
ferred from London, appeared on the seventh of Sep
tember, and took the oath of an assistant in the pres
ence of the general court then sitting at Charlton.
On the nineteenth day of October in the same year
the general court commenced holding its sessions at

THE UNITED STATES OF AMERICA. 247
THE COMPANY AND COLONY OF MASSACHUSETTS BAY. PART II.
Boston ; which continued from that time to be the chief The colo-
town in the colony : At this session, " for the estab- emment
lishing ofthe government, it- was propounded if it were*fter*he
not the best course that the freemen should have the*
power of choosing assistants when tliere are any to be
chosen, and the assistants from among themselves tOEecogn;.
choose a governor and deputy governor, who, with the tl0u °f lhe
¦ assistants, should have the power of making laws and the source
"choosing officers to execute the same ? This was fully ° ^.wer"
assented unto by the general vote of the people, and Rec. Mass.,
erection of hands."*
The first colonial election for governor, held subse- The first
quent to the removal of the government of the com- election,
pany to New England, was made " at a meeting of the May> 1631-
general court holden at Boston, on the eighteenth day
of May following, when John Winthrop, Esq., was chosen
governour for a whole year next ensuing, by the general
consent of the court, according to the meaning of the
pattent, and did accordingly take an oath to the place
of governour. Tho.'Dudley,Esq., was also chosen deputy
governour for this year next ensuing, and did in
presence of the court take an oath to his place be
longing." " For explanation of an order made the last general Further
court, holden the nineteenth October last, it was T^,agoi\he
ordered now, with full consent of all the commons people as
then present, that once in every year at least, a general 0f power!6
court shall be holden, at which court it shall be lawful
for the commons to propound any person or persons
whom they shall desire to be chosen assistants ; and if
it be doubtful whether it be the greater part of the
commons or not, it shall be put to the poll. The like
course to be holden when they, the said commons, shall
see cause for any defect or misdemeanor to remove any
one or more of the assistants ; and to the end the body
of the commons may be preserved of honest and good
men, it was likewise ordered and agreed, that, for time $"^7"
to come, no man shall be admitted to the freedom of freemen.

248 THE GOVERNMENTAL HISTORY OF
Part II. new England.
this body politic, but such as are members of some of
the churches within the limits of the same."

Relations It is not surprising that so sudden and so large an
onists with influx- of strangers among them should have awakened
the In- the serious apprehensions and hostility of the natives
ofthe soil. We can well imagine the wild dismay with
which these untutored childreii of nature, who had for
so many ages roamed undisturbed through the sturdy
forests of New England, gazed upon the pale faces,
observed the curious customs, the habits, the habili
ments, and listened to the unknown tongue of our
puritan fathers. Day after day they forgot the chase
and the dance, and watched them. Night after night
they lighted their council-fires, and watched them.
They consulted with their chiefs and their warriors,
with their medicine men and their prophets, and with
each other, and watched them. They implored the
Great Spirit, and still watched and waited, and waited
and watched, to see them vanish again whence they had
come, in the blue mist which hovered over the waters
that stretched far away into the world of the invisible.
Still these mysterious forms went not away, still they
stayed. They took possession of their larids, they cut
down their venerated forest trees, they dug into their
soil, they fished in tlieir waters, they hunted upon their
mountains, they trafficked by their lakes and rivers, and
they erected their dwelling-places upon the very mounds
where reposed the sacred ashes of their dead. Strange, .
passing strange was the vision it presented to their
bewildered senses 1 Stranger still, in the economy of
that providence whom we acknowledge, was tlie fate
wliich it foreshadowed to their race.
Destruc- At this crisis a war with the natives seemed inevi-
inffiansby table, but the small pox broke out among them, and in
the small a very few weeks whole tribes were swept away. Who
shall say how much the fatal ravages of the desolating
pestilence were occasioned by the fear and anxiety pro-

THE UNITED STATES OF AMERICA. 249
' THE COLONY OF MASSACHUSETTS BAY. PART II.
duced in the mind of the Indian by the presence and
the power of the white man ? Can philosophy or faith
be charged with weakness or credulity in believing it,
in its work of death, the commissioned agent of the
Almighty ?
The tracts of country thus desolated were rich and Favorable
well selected, and seemed vacated to open a ready and g°owth of
fit resting place for the thousands who now crowded to tne colony.
these shores " as clouds and as doves to their windows,"
to avoid the increasing cruelties of proscription and
intolerance in the mother country. Towns and vil
lages, thriving and beautiful, sprung up almost with
the power of magic, and' the hum of industry and civ
ilization awakened the echoes of the long howling wil
derness. The result was a dispersion of the settlers from theDevelop-
immediate vicinity of their seat of government, where representa-
each freeman had been hitherto required to appear in tive feature
m govern-
person at the public meetings of the general court of ment.
the colony. Thus it became necessary for the inhabit
ants of the several towns or settlements to appoint del
egates to appear fully empowered to act for them, upon
all matters of general interest or importance.
Here again, as in Virginia, we mark the origin of See Part I.
that distinction which obtains between a republican or
representative government and one purely democratic.
The latter is: practicable only in small communities,
and is known only in the infancy of society ; the
former is tho necessary result of its extension and dis
tribution. This form of government, however, was not fully Eepresent-
carried into effect until the year 1634. In tho month 0f g0vern-
of April of that year, " notice being sent out to the m£nt> '
general court to be holden the fourteenth day of May, how
the freemen deputed two of each town to meet and con-adopted*
sider of such matters as they were to take order in at the
same general court ; who having met, desired a sight
of the pattent, and conceiving thereby that all their

250 THE GOVERNMENTAL HISTORY OF
Part II. new England.
laws should be made at the general court, repaired
to the governour to advise with him about it. He told
Its neces- them, that when the pattent was granted, the number
eity recog- 0f freemen was SUpp0sed to be (as in like corporations)
so few as they might well join in making laws, but now
they were grown to so great a body as it was not possi
ble for them to make or execute laws ; but they must
choose others for that purpose ; and that howsoever it
would be necessary hereafter to have a select company
to intend that work, yet for the present they were not
furnished with a sufficient number of men qualified for
such a business; neither could the commonwealth
bear the loss of time of so many as must intend it ; yet
this they might do at present, viz. : They might at the
general court make an order that once in a year a
certain number should be appointed, upon summons
*Gov.Win- from the governour, to revise all laws, &c; but not to
Journal, make any new laws, but prefer their grievances to the
court of assistants ; and that no assessment should be
Represent- laid upon the country without the consent of such a
taxation, committee, nor any lands disposed of."*
Chamber The result of this conference with the governor was
chosenYy8 the recognition of the committee, proposed as a chamber
the people, 0f deputies, at the session of the general court, in
May, when the following important orders were made :
Orders of  " that no trial shall pass upon any, for life or
!l Court1* hanishment, but by a jury summoned, or by the gen
eral court.
Terms of "It is likewise ordered, that there shall be four gen
eral courts held yearly, to be summoned by the gov
ernour, for the time being, and not to be dissolved
without the consent of the major part of the court.
Deputies "& is further ordered, that it shall be lawful for the
of the peo- freemen of every plantation to choose two or three of
pie how , o
chosen, each town, before every general court, to confer of
and prepare such public business as by them shall be
thought fitt to consider of at the next general court ;
and that such persons as shall be hereafter so deputed

the Court.

THE UNITED STATES OF AMERICA. 251
THE COLONY OP MASSACHUSETTS BAY. PART II.
by the freemen . of the several plantations to deal in R.ght of
their behalf in the public affairs of the commonwealth, °ubifemfffi
shall have the full power and voices of all the said free- cers re-
mew derived to them for the making and establishing thTpeopie.
of laws, granting of lands, &c, and to deal in all other
affairs of the commonwealth wherein the freemen have
to do ; the matter of election of magistrates and other
officers only excepted, wherein every freeman is to * l Hist.
, . ,,«.' ' Rec. Mass.,
give his own voice. * lis.
These deputies or delegates, with the governor, dep
uty governor, and council of assistants, thereafter con
stituted the General Court of the colony. Thus was
formed the first representative assembly ever held in
New England, and the second held in America. TheSeePARiI.
occasion evinces a further and more ripening develop
ment of the element of political liberty embraced in
the protestantism of the puritans, than we have hith
erto observed. This was its first free and full exercise.
It recognizes the people as the source of all political
power, and establishes this as a fundamental maxim in
the organization of an essentially free government.
Its practical elucidation and recognition, we are proud
to say, is of purely American origin.
In March, of the next year, it was provided by an Establish-
order of the general court, "that there shall be four q^0/
courts kept every quarter; one at Ipswich, to which and County
Newberry shall belong ; two at Salem, to which San- i635.S'
gurs shall belong ; three at New-Towne, to which Charl
ton, Concord, Meadford and Watertown shall belong;
four at Boston, to which Rocksbury, Dorchester, Wey-
mothe and Hingham shall belong: Every of these
courts shall be kept by such magistrates as shall be
dwelling in or near the said towns, and by such other
persons of worth as shall from time to time be ap- judges of
pointed by the general court, so as no court shall be c0UrtsT
kept without one magistrate at the least, and that none how desig-
of the magistrates be excluded, who can and will intend
the same ; yet the general! court shall appoint which of

252

THE GOVERNMENTAL HISTORY OP

Part II.

NEW ENGLAND.

Assistant
judges, how ap
pointed.

Jurisdic
tion.

Right of
appeal.

the magistrates shall specially belong to every of the
said courts."
" Such persons as shall be joined as associates to the
magistrates in the said court, shall be chosen by the
general court, out of a greater number of such as the
several towns shall nominate to them, so as there may
be in every of the said courts so many as (with the
magistrates) may make five in all. These courts shall
try all civil causes, whereof the debt or damage shall
not exceed x£, and all criminal causes concerning life,
member, or banishment ; and if any person shall find
himself grieved with the sentence of any of the said
courts, he may appeal to the next great quarter court,
provided, that he put in sufficient consideration to pre
sent his appeal with effect, and to abide the sentence of
the magistrates in the said great quarter court ; who
shall see that, all such that shall bring any appeal with
out just cause shall be exemplarily punished.
" There shall be four great quarter courts kept yearly
at Boston, by the governor and the rest of the magis
trates ; the first, the first Tuesday in the fourth month,
called June : the second the first Tuesday in Septem
ber: the third the first Tuesday in December: the
fourth, the first Tuesday in the first month, called
March. The inferior courts shall be kept the firsts the
last Tuesday in June, and the rest the last Tuesday in
every of the said months.
"All actions shall be tried at that court to which the
defendant belongs.
"All offenders wliich shall be in the prison at Boston
at the time of any court there holden, shall be tried at
that court, except in the warrant of his commitment
he be reserved to the great quarter court ; and it shall
be lawful for the governour, or deputy governour, or
any two magistrates (upon special and urgent occasion)
to appoint courts to be kept upon other days than in
this order are appointed.
"And whereas the most weighty affairs of this body

Terms of
the great
quarter or
superior
courts.

Oftheinferior or
countycourts.

Criminal
offenders,wheretried.

Special seS'
sions.

THE UNITED STATES OP AMERICA. 253
THE COLONY OP MASSACHUSETTS BAY. PART II.
are now, by this present order, and others formerly
made, brought into such a way and method as there will
not henceforth be need of so many general courts to be
kept as formerly, it is therefore ordered, that hereafter
there shall be only two general courts kept*in a year, Number of
viz: that in the third month called May, for elections ^ttf
and other affairs ; and the other, the first Wednesday limited,
in October, for making laws, and other public occasions specified,
of the 'commonwealth, provided that the governor may,
upon urgent occasion, call a general court at any other
time, besides the two courts before mentioned.
"And whereas it may fall out that in some of these
general courts, to be holden by the magistrates and
•deputies, there may arise some difference of judgment Proceed-
in doubtful cases, it is therefore ordered, that no law^l^rai*^
order, or sentence shall pass as an act of the court, court in
without the consent of the greater part of the magis- disagree-
trates on the one part, and the greater number of the "^"'i
deputies on the other part, and for want of such accord,
the cause or order shall be suspended, and if either
party thinks it so material, there shall be forthwith a
committee chosen, the one half by the magistrates, and
the other half by the deputies, and the committee so * I. His-
chosen to elect an umpire, who together shall have ^"0^
power to hear and determine the cause in question."* Mass.
Besides these provisions for the more perfect organi
zation of the government of the colony, the general
court seems to have been very much exercised by sundry
religious differences which had sprung up in various Religious
parts of the country. As early as March, 1634, the differen-
court did " entreat of the elders and brethren of every colony.
church within this jurisdiction, that they will consult
and advise of one uniform order of discipline in the
churches, agreeable to the scriptures^ and then to con
sider how far the magistrates are bound to interpose
for the preservation of that uniformity and peace of
the churches."*
The cause of these difficulties was attributed to the

254 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Action of existence of too much freedom allowed to settlers in
r!d cmirt" locating their settlements in the colony. The matter
upon, having received the attention of the " elders and breth-
matters, ren" was brought before the general court, when the
March, following proceedings were had in reference to it.
" Forasmuch as it hath been found by sad experi
ence, that much trouble and disturbance hath happened
both to the church and civil state by the officers and
members of some churches, who have been gathered
within the limits of this jurisdiction in an undue man
ner, and not with such public approbation as were meet,
it is therefore ordered, that all persons are to take
notice that this court doeth not, nor will hereafter, ap
prove of any such companies of men as shall hence-.
Members forth join in any pretended way of church fellowship,
churches™ ^hout they shall first acquaint the magistrates, and
not to be the elders of the greater part of the churches in this
as "free- jurisdiction with their intentions, and have their ap-
men. probation therein. And further, it is ordered, that no
person, being a member of any church which shall
hereafter be gathered without the approbation of the
magistrates and the greater part of the said churches,
shall be admitted to the freedom of this common
wealth."
Election of In May, 1636, a new election of colonial officers was
Pm°nra1- ka<^' wnen Hem7 Vane, Esq., was chosen governor,
1636. and John Winthrop, deputy governor and a member
of the standing council for life. At this session of the
general court a fine was imposed upon the freemen of
Newberry " for choosing and sending to this court a
deputy which was no freeman."
Eevision "The governor, deputy governor, Thos: Dudley,
of laws. J0]in Haynes ;' Rich. Bellingham, Esq. ; Mr. Cotton ;
Mr. Peters ; and Mr. Shepherd, are intreated to make
a draught of laws agreeable to the word of God, which
may be the fundamentals of this commonwealth, and
to present the same to the next general court. And
it is ordered, that in the mean time the magistrates and

THE UNITED STATES OF AMERICA. 255
THE COLONY OP MASSACHUSETTS BAY. PART II.
their associates shall proceed in the courts to hear and The Bible
determine all causes according to the laws now estab-^fh^ab-
lished ; and where there is no law, then as near the sence of .
law of God as they can; and for all business out of law.
court for which there is no certain rule ye£ set down,
those of the standing councel, or some two of them,
shall take order by their best discretion, that they may
be ordered and ended according to the rule of God's
word ; and to take care for all military affairs till the gec^ass
next general court."* 1T4.
In order to give a more complete idea of the colo
nial government, its independent position, and the alle
giance it demanded, we subjoin the following forms of
oaths administered within its jurisdiction.
" The oath of a resident. I, A. B., being by God's provi- Resident's
dence an inhabitant within the jurisdiction Of this com- auegiance
monwealth, do freely and sincerely acknowledge myself t0. the C°J°-
to be subject to the government thereof, and therefore
do here swear, by the great and dreadful name of the
ever living God, that I will be true and faithful to the
same, and will accordingly yield assistance and support
with my person and estate, as in equity I am bound,
and will also truly endeavor to maintain and preserve
all the liberties and privileges thereof, submitting my
self to the wholesome laws made and established by the
same ; and further, that I will not plott nor practice
any evil against it ; nor consent to any that shall so do,
but will timely discover and reveal the same to lawful
authority, now here established, for the speedy prevent
ing thereof; so help me God in the Lord Jesus Christ."
"The oath qf a Freeman. I, A. B., being by God's Freeman's
providence an inhabitant and freeman within the juris- allegiance
diction of this commonwealth, do freely acknowledge to the coio-
, , , „ - . mal gov-
myself to be subject to the government thereof, and eminent.
therefore do here swear, by the great and dreadful name
of the ever living God, that I will ever be true and
faithful to the same, and will accordingly yield assist
ance and support thereunto with my person and estate,

256 THE GOVERNMENTAL HISTORY OP
Part II. new England.
Freeman's as in equity I am bound, and will also truly endeavor
to maintain and preserve all the liberties and privileges
thereof, submitting myself to the wholesome laws made
and established by the same ; and further, that I will
not plot nor practice any evil against it, nor consent to
any that shall so do, but will timely discover and reveal
the same, to lawful authority now here established, for
the speedy preventing thereof: Moreover, I do solemn
ly bind myself in the sight of God, that when I shall
be called to give my voice touching any such matter of
this state, wherein freemen are to deal, I will give my
vote and suffrage as I shall in my own conscience judge
best to conduce and tend to the public weal of the body,
without respect of persons or favor of any man — so help
me God in the Lord Jesus Cfirist."
Oath of the " Tlie oath'oftlie Governour. Whereas you are chosen
and Assist- *° *ne place of the governour over this jurisdiction for
ants. this year and till a new be chosen and sworn, you do
here swear by the living God that you will in all things
concerning your place, according to your best power
and skill, carry and demean yourself, for the said time
of your government, according to the laws of God, and
for the advancement of his gospel, the laws of this land,
and the good people of this plantation ; You shall do
justice to all men without partiality ; you shall not ex
ceed (as much as in you lieth) the limitations of (a
governour or assistant) in your places."
Order Um- Similar oaths were administered to the deputy-gov-
numberof ernor and assistants, or members of the council, accord-
Deputies to ing to their respective places. In September of this'
al Court r* year the number of delegates to the general court was
1636. limited by an order as follows — "that, hereafter, no
town in the plantation that hath not ten freemen resi
dent in it shall send any deputy to the generali courts;
those that have above ten and under twenty, not above
one; betwixt twenty and forty, not above two; and
* 1 Hist, those that have above forty, three if they will, and not
Rec. Mass. , „*
178 above."*

THE UNITED STATES OP AMERICA. 257
THE COLONY OP MASSACHUSETTS BAY. PART II.
Various action seems to have been taken by the gen- Colonial
eral court, from time to time, respecting the prepara- iawg.
tion of a code of laws for the colony, but I do not find
them anywhere embodied into a regular system. They
seem to exist only in the form of general orders refer
ring to some supposed code, which, if it had any actual
tangible existence at this early period, has not been
preserved among their records. Enough is recorded,
however, and we have transcribed sufficient to enable
us to discern the basis of their government, the religious
as well as political elements which entered into its
constitutional organism and forms of administration.
Its grand, characteristic, and most imposing feature,
was its recognition of a Protestant Christianity as essen
tial to the existence of freedom in the social, municipal,
and state organizations.
While the puritans sought to secure freedom of con- Its protest-
science and freedom of worship in matters of religion,
they forgot not that there was also a political element
in protestantism which more essentially conserved the
existence of a free government and free institutions,
whether social, political, literary or religious. Hence we
find them establishing in this new world a frame-work
of society, and institutions of government, of education,
of humanity, and religion, which even in the infancy of
their existence attract 'the wonder and admiration of
mankind. They were of themselves. They were found- Success of
ed on no models in the past. Indeed theirs was an ex- J^0010117'
periment so hazardous, so new, so unprecedented in the viewed in
history of nations, so unsuspected even by the powers i6^6-ss!
of the parent state — which saw them go forth more as
exiles to be despised than as subjects to be cared for
and nourished — that we are not surprised at the aston
ishment with which the crown and the mitre heard of
their success ; or the jealousy with which their free and
independent assumptions of political power were now
regarded. But it was not the crown alone, or the ecclesiastical
17

258 THE GOVERNMENTAL HISTORY OP"
Part II. new England.
Success of hierarchy alone, the whole people of England were alike
how astounded at the result. A well ordered commonwealth
viewedin — for that was the dignified language of their enact*
1636-38.' ments — had arisen, as it were in a night, on the inhos
pitable shores of New England. Men looked towards
it not only as religionists persecuted for opinion's sake,.
but also as politicians and statesmen, as merchants and
tradesmen, as artisans and mechanics, as manufactur
ers and operatives : The commoner and the peasant as
well as the diplomatist, the jurist, and the divine, each,,
all, now saw something attractive to them in this home
opened to industry, enterprise, and freedom.
Opposition The Crown was alarmed. Archbishop Laud, enraged
England. *hat so many victims of ecclesiastical censure were
escaping across the waters, appalled at the. growth of
the puritan party in England, and the increase of their
settlements, their population, and power, in New Eng
land, prevailed upon Charles I. to issue a special proc-
Emigra- lamation prohibiting all masters of vessels from trans-
New En--- porting any persons whatever to America, without a
k?d Pr°- license from the crown or some magistrate. Among
the number of those who had prepared to emigrate, and
Olive* were prevented by this interposition of the royal pre-
andothers rogative, was Oliver Cromwell. He had actually sailed,
restrained but the vessel in which he had embarked meeting with
contrary and tempestuous winds, was driven back into
* Robert- port, and thus he became a subject of this interdict.*
terbotham. When we think of his after career, his restless spirit,
his sturdy and aspiring intellect, we cannot help losing
ourselves in speculating upon the probable results to
America, to mankind, had he then carried his purposes
Conse- into execution. But it was his career at home, the
the inter- revolution which he afterwards accomplished in Eng-
diot. land, which gave a new complexion to the aspect of
affairs in the mother country, and to the condition of
the colonies in America, and tended to stamp still more
indelibly upon the puritan settlements of New England
the political features which they had already exhibited.

THE UNITED STATES OP AMERICA. 259
THE COLONY OF MASSACHUSETTS BAY. PART II.
Under his protectorate laws were enacted by them
securing to themselves the most liberal benefits ; and it
was during the disturbances of his administration that
they took occasion to associate in a confederacy which
formed a bond of union and sympathy between them
never thereafter to be broken or sundered.
The crown, at the further instigation of Archbishop J™*^*"
Laud, established or appointed a council of " commis- crown.
sioners for foreign plantations," to investigate the
affairs of the companies which had planted the settle
ments in America. Laud was placed at the head of
this council. Among other things, they were directed
" to cause the revocation of such letters pattents as were
unduly obtained, or contained grants of powers and
privileges infringing upon the royal prerogatives." Writ of
The result of this investigation was, that The Grand ranto 1s-
Council at Plymouth surreridered back its patent to ®u^nst the
the crown. This laid the foundation for a writ of quo Massachu-
warranto, which was issued against the governor and ce0 s1638.
company of the Massachusetts Bay, and upon which it
was adjudged, that by removing it to New England
the company had forfeited its charter. We cannot
question the justice of this adjudication, but it does
not appear that any proceedings were instituted in pur- Its charter
suance of it further than that the council of commis- b^denv-*0
sioners ordered the governor and company to sendered up.
their charter back to England to be canceled.
Governor Winthrop says that this order was pro
duced before the general court of the" colony, when "it Colonial
was agreed that whereas a very strict order was sent act'on up"
, - on the or-
from the lords commissioners for foreign plantations, der, June
for the sending home our pattent, upon pretence that 1638-
judgment had passed against it upon a quo warranto ;
a letter should be written by the governour in the name
of the court to excuse our not sending it : For it was
resolved to be best not to send it, because then such of
our friends and others in England would conceive it to

260 THE GOVERNMENTAL HISTORY OP
Part II. new England.
Colonial De surrendered, and that thereupon we should be bound
action on r
the order to receive such a governour and such orders as should
theScha"P ^e sent ^° us » an(^ many bad minds, and some weak
ter, 1638. ones among ourselves, would think it lawful if not nec
essary, to accept a general governor."*
This letter was afterwards drawn up by Governor
Letter to Winthrop " by way of honorable petition." Its cau-
missioners. tious and prudent language was — " we dare not ques
tion your lordships' proceedings in requiring our pat
tent to be sent unto you ; we only desire to open our
griefs, and if in anything we have offended his majesty,
or your lordships, we humbly prostrate ourselves at the
footstool of supreme authority: We are sincerely
ready to yield all due obedience to both : We are not
conscious that we have offended in anything as our gov-
*Wm- eminent is according to law : We pray that we may be
throp's suffered to live in the wilderness."* The transmission
of the patent was thus evaded and postponed.
The trans- Thus again it was that this commercial corporation,
' established in London under the eye of the crown, became
a well-ordered municipal organization in New England.
Thus under the triple aspect of religious zeal, commercial
enterprise, and political partizanship, puritanism suc
ceeded in establishing an independent colony in America.
The moment and the circumstances were singularly
opportune, whether we regard the aspect of affairs in
the mother country or in the colony itself. The revo
cation of the charter to the company, whether it was
delivered up to be canceled or not, was deemed also to
have canceled the conditions of allegiance to the
crown for which the charter stipulated: The king's
interdict upon emigration kept at home the elements
of a revolution hazardous alike to his person and his
crown, which might otherwise have. been spent in build-
Position of ing up the new country : And thus the Massachusetts
the colony. -g&y company, now a thriving colony on the coast of
New England, was left to be the arbiter of its own gov
ernment and institutions, while the parent state was

THE UNITED STATES OF AMERICA. 261
THE COLONY OF MASSACHUSETTS BAY. PART II.
being convulsed by scenes of anarchy, confusion, and
civil war. It is well said by Dr. Robertson, that " from
this period we must consider this colony, not as a cor
poration whose powers were defined, and its mode of
procedure regulated by its charter, but as a society
which, having acquired political liberty, had by its own
voluntary deed adopted a constitution of government
framed on the model of that of England : " But, we
may add, in many of its most essential and interesting
features widely different.
The domestic troubles which soon after visited Charles Domestic
I., a monarch more weak than wicked, brought his cuarlesSL
head to the block, dispersed the commissioners appoint
ed to superintend the offices of his colonies in America,
and preserved their charter to the governor and com
pany of the colony of Massachusetts Bay.
The governor, deputy governor, and council ofConstitu-
assistants, with the deputies or representatives, sat as general' *
one house until the year 1644, when they were divided colonial
into two branches. The governor, deputy governor i^1 y'
and assistants, forming the upper branch, and the repre
sentatives the lower, each of which had a negative
upon the acts of the other.
Charles I. was executed on the thirtieth day of Suspension
December, 1649, when the parliament succeeded in p^eVuT1
assuming those attributes and prerogatives of sover- England.
eignty for which it had so long, and in many respects
so wrongfully, contended with the crown. This might
be called the transition state of the political elements
of freedom, embraced in the protestantism of the puri
tans. It was, at its commencement at least, nothing
more or less than anarchy in religious, and anarchy in
civil matters. Between the arbitrary exactions Of tyran
ny in the church and state on the one hand, and the
extravagant demands of licentious factions on the
other, liberty and religion had fallen into a state of
absolute chaos and dbnfusion. This condition of things The com"
& m on-
resulted in the estabhshment of what was called " the wealth.

262 THE GOVERNMENTAL HISTORY OF
Part II. new England.
The com- commonwealth," wherein the parliament became the
anTtte ' supreme power in the state. This was again changed
protector- by Oliver Cromwell, who, at the head of an army,
Cromwell, entered parliament and wrested from its grasp those
1649-60. yery attributes arid prerogatives which parliament had
plundered from the crown. Hence originated the form
of government called the protectorate. Oliver Crom
well was its embodiment. But neither in his political,
his religious, his social, or his domestic character, was
he the fit representative of true freedom. Liberty
lived indeed, but she survived only as it were by gasp
ing through the fceted atmosphere and painful throes
See Part I. of his turbulent administration. When he died no one
was found capable of controling the elements, or riding
the storm, or healing the maladies which oppressed the
nation. Sovereignty, liberty, religion, life and prop
erty, were tossed about between the various factions,
political and religious, civil and ecclesiastical, existing
in the army, in parliament, in the church, and among
the people, until the monarchy was again restored, and
Charles II. was proclaimed the true and only lawful
sovereign of England.
Favorable These convulsions which so sickened the parent state,
gressoT0 hardly disturbed her distant colonies in America. The
freedom in causes which in the former were producing anarchy,
cruelty, revolution and bloodshed, were in the latter
developing new features in civilized society, opening
the resources of a strange land, establishing the insti
tutions of freedom and religion on a purer and more
enduring basis, and producing the richer fruits of law,
order, and good government. This, if we may so ex
press it, was the Americariism of protestantism, and
must ever make protestantism dear to all true Amer-
The res- Jeans.
toration of Charles H. returned to London and took possession
archy un- of the throne of his father on the eighth day of June,
ILV^660.eSl660- Tlie commencement of hist reign was the reac
tion of monarchy as it struggled up from among the

THE UNITED STATES OF AMERICA. 263
THE COLONY OF MASSACHUSETTS BAY. PART II-
discordant elements which had disrobed it of its su
premacy, and tarnished the lustre of its diadem. It
inflicted its revenge by acts of injustice, cruelty, and
wrong, which make humanity shudder with abhorrence.
Not only the living, but the dead also, were made the The reac-
objects of its hideous resentment. The judges who had ^™°^h
condemned Charles I. were sentenced to a terrible upon its
retribution. The bodies of Cromwell and liis coadju- elementf.
tors were plucked from their graves and desecrated
with a refinement of malice at the manifestations of
which even demons might stand dismayed. Mournful
indeed was the ordeal through which his kingdom was
compelled to pass before the numerous factions which
had convulsed it seem to have subsided under Charles
II. The political as well as the religious elements of
protestantism, however, continued to swell the ranks
of the puritan party, which was still kept alive by the
efforts made to enforce the religion and the ritual of the
established church, and to reinstate the crown in full
supremacy. The colony of Massachusetts Bay had admitted nei- The res-
ther the prerogatives claimed for the crown, nor the ^ th"
powers assumed by parliament, and refused to yield colonies in
obedience to the mandates of the commonwealth and merica#
the protectorate. The colony of Virginia, as we have
elsewhere observed, though it surrendered to the com
missioners ofthe commonwealth, nevertheless virtually Part I.
declared itself in favor of the regal power by enact
ments condemnatory of the execution of Charles I. ;
while it also eagerly hastened to tender its obeisance
upon the restoration of the monarchy in the person of
Charles II. His government over them would have
been of an arbitrary and oppressive character had
they not grown to a degree of strength which enabled
them to defeat the encroachments attempted upon their
rights anu independence. The ready loyalty of Vir
ginia was rewarded by many acts of favoritism, while
the colony of Massachusetts Bay was pursued with a

264 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Under spirit of unrelenting hostility. Three of the judges
from'ieeo' wno sat in judgment over- Charles I., fled to New Eng-
to 1685. land, and were there shielded from the royal resent
ment, which drew towards those colonies the fierce in
dignation of the crown. Besides this the commercial
regulations established by what were called the naviga-
* See Part tion acts* met with a resolute resistance and evasion in
Berkeley's the colony of Massachusetts Bay, and drew from its
report. general court, from time to time, protests, resolutions,
and remonstrances, in which they set forth and vindi
cated, ably and effectively, their own rights, and pre
scribed limits beyond which neither the power of the
crown, or the interference of parliament, could be tol
erated.
Board of These spirited exhibitions of political independence
sionera'ap- were regarded as indicating a disposition to throw off
pointed by entirely their allegiance to the sovereignty of the parent
i664.r°Wn' state ; and a board of commissioners was appointed to
examine into and regulate their affairs. The presence of
these commissioners among them was hardly respected,
How and their authority was wholly set at nought by the gen-
M^Ba" era* court °f tue colony, while they still hesitated not to
avow their allegiance to their sovereign lord the king.
While they thus maintained with a determinate and per
sistent consistency the liberties which they had acquired
by so much suffering and self-sacrifice, there was still in
the noble hearts of our puritan fathers a degree of loyalty
wliich well deserved the admiration and sympathy of
the crown. These characteristics are beautifully and
Their ap- effectively pourtrayed in their simple and touching ap-
thecom™ peal from the arbitrary proceedings of the king's com
missioners missioners, remonstrating against their interference in
crown. the affairs of the colony, wherein they conclude—" let
our government live ; our charter live ; our magistrates
live ; our laws and liberties live ; our religious enjoy
ments live ; so shall we all yet have further cause to
say from our hearts, let the king live forever."
How far it may have originated in the licentious

THE UNITED STATES OF AMERICA. 265
THE COLONY OF MASSACHUSETTS BAY. PART II.
spirit of the age we leave for casuists and physiologists Under
to determine, but it is a singular fact in connection igeo-ls
with the progress of freedom in England and America,
that at about this time the plague made its appearance The plague
and its fearful ravages in London. This, together with l^° ndon<
the great fire which broke out the^ext year, laying
nearly the whole city in ruins, again diverted the atten
tion of the crown and its commissioners from its colo
nies in America, and left them in the unrestrained en
joyment of their charters, and their liberties ; while
they tended also to promote the interests and increase
the strength of puritanism in England.
" One great benefit the plague brought to the city," Effect of
(of London), says the Rev. Richard Baxter, who lived in ^o^r
the midst of it, " it occasioned the silenced ministers progress of
more openly and laboriously to preach the gospel, to the religious
exceeding comfort and profit of the people, insomuch "bertT*
that to this day the freedom of preaching, which this
occasioned, cannot by the daily guards of soldiers nor
by the imprisonment of multitudes be restrained. The
ministers that were silenced for non-conformity, had
ever since 1662 done their work very privately and to
a few ; not so much through their timorousness, as their
loathness to offend the king, and in hope that their for
bearance might procure them some liberty, and through
some timorousness of the people that would hear them.
When the plague grew hot, most of the conformable
ministers fled, and left their flocks in the time of their
extremity ; whereupon divers non-conformists, pitying
the dying and distressed people, who had none to call
the impenitent to repentance, or to help men to prepare
for another world, or to comfort them in their terrors,
when about ten thousand died in a week, resolved that
no obedience to laws of mortal men whatsoever, could
justify them in neglecting men's souls and bodies in
such extremities. They, therefore, resolved to stay with
the people, and to go into the forsaken pulpits, though
prohibited, and to preach to the poor people before they

266 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Under died ; also to visit the sick and get what relief they
1660-8011'' could for tne destitute, especially those that were shut
up. Often those heard them one day, who were sick
the next, and quickly dead. The face of death did so
waken both the preachers and the hearers, that preach
ers exceeded themselves in lively, fervent preaching,
and the people crowded constantly to hear them. All
was done with great seriousness, so that, through the
blessing of God, abundance were converted from their
carelessness, impenitency, and youthful lusts and vani
ties ; and religion took such hold on many hearts, as
could never afterwards be loosened."
The great And speaking also of the great fire in London, the
London same writer says :— " thus was the best and one of the
1666.' fairest cities in the world turned into ashes and ruins
in three days' space, with many scores of churches, and
the wealth and necessaries of the inhabitants. It was
a sight which might have given any man a lively sense
of the vanity of this world, and of all its wealth and
glory, and of the future conflagration, to see the flames
mount towards heaven, and proceed so furiously with
out restraint ; to see the streets filled with people, so
astonished that many had scarcely sense left them to
lament their own calamity ; to see the fields filled with
heaps of goods, costly furniture, and household stuff,
while sumptuous buildings, warehouses, and furnished
shops, and libraries, &c, were all on flames, and none
durst come near to secure anything. To see the king
and nobles ride about the streets, beholding all these
desolations, and none could afford the least relief ; to
see the air, as far as could be beheld, so filled with the
smoke, that the sun shined through it with a color like
blood, yea even when it was setting in the west, it so
appeared to them that dwelt on the west side of the
city. But the dolefullest sight of all was afterwards,
to see what a ruinous, confused place the city was, by
chimneys and steeples only standing in the midst of
cellars and heaps of rubbish, so that it was hard to

THE UNITED STATES OF AMERICA. 267
THE COLONY OF MASSACHUSETTS BAY. PART II.
know where the streets had been, and dangerous for a Under
long time to pass through tlie ruins, because of vaults 1660-8S, '
and fire in them. No man that seeth not such a thing
can have a right apprehension of the dreadfulness
of it." .
" Some good, however, rose out of all these evils. Effect of
The churches being burnt, and the parish ministers fire on the
gone for want of places and maintenance, the non- P^ressof
conformists were more resolved than ever to preach religious
till they were imprisoned. All kept tlieir meetings ery'
very openly, and prepared large rooms, and some of
them plain chapels, with pulpits, seats and galleries, for
the reception of as many as could come. The people's
necessity was now unquestionable. They had none
other to hear, save in a few churches that would hold
no considerable part of them ; so that to forbid them
to hear the non-conformists, was all one as to forbid
them all public worship, to forbid them to seek heaven
when they had lost almost all that they. had on earth,
to take from them their spiritual comforts after all their
outward comforts were gone. They thought this a
species of cruelty so barbarous, as to be unbecoming
any man who would not own himself to be. a devil.
But all this little moved the ruling prelates, saving that
shame restrained them from imprisoning the preachers
so hotly and forwardly as before. The Independents
also set up their meetings more openly than formerly,
and many, who were their leaders, came to the city ;
so that many of the citizens went to those meetings
called private, more than went to the public parish
churches. "Atthe same time it also happily so fell out that the * Orme's
parish churches which were left standing had the best Timesurf
and ablest conformists in them. So that the moderate Richard
class of the citizens heard either sort in public and pri- vol. I.'
vate indifferently : * While those on one extreme re
proached all men?s preaching save their own as being
seditious conventicles ; and those on the other extreme

268 THE GOVERNMENTAL HISTORY OP
Part II. new England.
Under would hear none that did conform; or if any heard
Charles II.
1660-85. ' them, they would not join in the common prayers or
the sacraments. — About this time the talk of liberty
of conscience was renewed, whereupon many wrote
for it."
" The ministers of London who had returned to keep
open meetings in their houses, and preached to great
numbers contrary to the law, were, by the king's favor,
connived at ; so that the people went openly to hear
them without fear. Some imputed this to the king's
own inclination to liberty of conscience ; some to the
Duke of Buckingham's prevalency, and some to the
papists' influence, who were for liberty of conscience
for their own interest. But others thought that the
papists were really against liberty of conscience, and
Effect of did rather desire that the utmost severities might ruin
fire on the the puritans, and cause discontents and divisions among
progress of ourselves, till we had broken one another all into pieces,
religious and turned all into such confusion as might advantage
1 er y" them to play a more successful game than ever tolera
tion was likely to be. Whatever was the secret cause,
it is evident that the great visible cause, was the burn
ing of London, and the want of churches for the peo
ple to meet ; it beings at the first, a thing too gross,
to forbid an undone people all public worship with too
great rigor ; and if they had been so forbidden, pov
erty had left them so little to lose as would have made
them desperately go on."
" Whatever was the cause of the connivance, it is cer
tain that the country ministers were so much encour
aged by the boldness and liberty of those of London,
that they did the like in most parts of England, and
crowds of the most religiously inclined people were
their hearers. Some few got, in the way of traveling,
into pulpits where they were not known, and the next
day went away to another place. This, especially with
the great discontents of the people for their manifold
payments ; and of cities and corporations for the great

THE UNITED STATES OP AMERICA. 269
THE COLONY OF MASSACHUSETTS BAY. PART II.
decay of trade, and breaking and impoverishing of Under
t L-Bill'l OS ll. j
many thousands by the burning of the city ; together 1660-85.
with the lamentable weakness and badness of great num
bers of the ministers that were put in the non-conform
ists' places, did turn the hearts of most of the common * Orme's
people, in all parts, against the bishops and their ways, Tjmes 0f
and inclined them to tlie non-conformists, though fear Richard
restrained them from speaking what they thought, espe- vol I. '
cially the richer sort." *
Thus we see how the elements of freedom embraced
in the protestantism of the puritans were at work, infus
ing its principles of toleration and of philanthropy into
the minds, and commending them to the hearts of the
people. Quieting their discontents and soothing their
distresses, and thus relieving the nation from the out
breaks which might otherwise have resulted from their
losses and poverty. Thus, too, the necessities brought
upon the mother country by these terrible calamities, the
plague and the fire, saved the colonies in America from
any troublesome interference with their progress, and left
them for awhile at least to a more independent growth.
Soon after the close of the Indian wars in New Eng
land, the. controversy between the colonies and the
crown, originated in the navigation acts, whicli more or
less excited hostility from the time of their first pro
mulgation, was again revived. These acts were osten
sibly designed to regulate the commerce between*tiie
mother country and her settlements in America, while The navi-
at the same time they served indirectly to increase the f^Massa-18
revenues of the kingdom. They were more particularly chusetts
offensive to the New England people because of the
immense trade which was carried on between them and
the ports of Great Britain. The Colony of Massachu
setts Bay, whose ports, Boston and Salem, contained
the most prominent commercial establishments, and
were the chief emporium of trade in New England,
manifested the most spirited hostility to these acts.
She claimed by popular protestations and in her legis-

270

THE GOVERNMENTAL HISTORY OF

Part II.

NEW ENGLAND.

Under Charles II..
1660-85.

Representation and
taxation.

The char
ter de
claredforfeited.Accession of
James II. ,
1685.

His colo
nial policy,

Sir Ed
mond An
dros ap
pointed governor.

lative assemblies, that they not only embarrassed her
trade and crippled the enterprise of her people,, but
also insisted that the burdens they imposed were unlaw
ful, being prescribed by a legislative body in whose
enactments her people had no participation, inasmuch
as they were not represented in parliament.
That the right of imposing taxes or burdens of any
kind upon a people cannot be exercised in any legislative
body, or by any government, without their consent,
given in person or hy their representatives, is an axiom
of freedom which may have been found in old record
books, or blind parchments, at an earlier date than
this ; but its practical development and the full eluci
dation of its justice and equity are pre-eminently
American. In some of its aspects we have seen it
illustrated in the controversy between the governor
and council and the house of burgesses in Virginia ;
and now in another of its phases we firid it the subject
of a spirited controversy between the people of New
England and the ruling powers at home. It was but
the germ, however, whose growth was to be the pre
cursor of a more vigorous conflict thereafter, although
its development now resulted only in the declaration
that the charter of Massachusetts Bay was again for
feited. Charles II. died in the year 1685, and was succeeded
by .James IL, who manifested a like hostility to the
spirit of freedom and independence which was devel
oping itself in various ways in the colonial governments
in America, and especially in New England. He estab
lished over them a court of commissioners consisting
of a governor and council, at the head of which was
Sir Edmund Andros, a man second only to the king
himself in his personal ambition and in the arbitrary
exercise of power. He arrived in Boston in December,
1686, and at once assumed the reins of government
over the whole of New England, under the title of
governor general of the colonies. He proclaimed

THE UNITED STATES OF AMERICA. 271
THE COLONY OF MASSACHUSETTS BAY. PART II.
their governments all dissolved, demanded the sur- Under
render of their charters, and proceeded to exercise igsT-ss. '
over them the prerogatives of kingly power.
But the time had gone by when the mere edict of The value
the crown, or the ex parte judgment of a court iu^^h®^
England, or the presence of royalty in the person of ters by the
Sir Edmond Andros even, decreeing the nullity of a
colonial charter, could operate with any permanent or
essential force in America. Though the charters of the
colonies generally were the ostensible basis of their
respective governments- and forms of administration,
yet their existence was not by any means necessary to
support Jhe superstructure which had been raised over
them. All that was essential to the freedom which
they had acquired,, whether political or religious, was
their own ordinances and enactments made without
any special reference to, and in many instances entirely
in conflict with, the provisions of their charters. In
deed, their own independent action was in reality the
foundation of all their free laws and institutions,
although it riiay have purported in some instances to
have been grounded on the dead letter of their patents
from the crown.
The issue of this struggle for their rights was so character
colored by the condition of things in the parent state, *n dj^|°
that we must glance for a moment at the reign of IL
James II. , in order to trace the causes which gave to
the controversy its beneficent results. That reign was
not of long duration. James became at once on his
accession to the throne involved in a fearful conflict
with his subjects at home, by the arbitrary and oppres
sive use of his prerogatives, and his attempt to re-estab-SeePARtl.
lish the power of Romanism in his kingdom. He sent He at-
an ambassador to Rome, and in turn the pope sent a^jjj^
nuncio to the court of Saint James. The nuncio was power of
received publicly by the king, and welcomed and enter
tained at his court, with the most imposing and pompous
displays of royal favor. James united in the celebra-

272 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Papal pro- tion of high mass, he disregarded the authority of
JamesSllf parliament, and to crown all, he erected an ecclesias
tical court of commissioners, and invested it with
supreme power over the established church. This
course of conduct awakened the most lively apprehen
sions of the nation, and arrayed against his administra
tion, so to speak, all classes of protestants. It involved
the kingdom of Great Britain in the most terrible civil
commotion that had yet threatened the stability of the
throne. The result was what has been aptly termed
The Revo- the Revolution in England. In the civil war which
1688. he brooded, the king was abandoned both by the army
and the people, and in his extremity he fled to,France.
Flight and pariiament declared his flight to be an abdication of
abdication °
of the king, his crown, and that the throne was thereby vacated.
William and Mary, prince and princess of Orange,
were accordingly invested with the sovereignty, were
The sue- declared king and queen of Great Britain, and the
estabhshed succession was established in their line by act of par
ty ^w. iiament, by Law.
Nature and This revolution was in fact a conflict between the
conflict.* e supremacy of protestantism, law, and liberty, on the
one side ; and the divine right of the king and the
supremacy of the pope on the other. The result was
a more full and triumphant development of those
political elements in protestantism which conserve
freedom than had yet been known in the progress of
the reformation in England. It had been reserved, as
we have seen, for the colonies planted in America first
practically to promulgate the political axiom that in a
free government the people are the true and only
source of power. In the triumph of this sariie princi
ple in the mother country, who shall say how much
The will of "^as due to the reactive influence of their example, and
™™S!rf the forcible illustrations which they had given of its
recognize u "
as an ele- beneficent' operation ? Henceforth the will of the
sovereign- People hecame a component element in the crown's
ty. title to sovereignty, and the kingdom of Great Britain

/

THE UNITED STATES OF AMERICA. 273
THE COLONY OF MASSACHUSETTS BAY. PART II.
rejoiced under a free constitution and a popular sov
ereignty. The establishment of it healed her own
political maladies, while it also allayed many of the
sources of jealousy and hostility which had hitherto
agitated her colonies in America, and tended to estab
lish on a more enduring basis the extensive commercial
relations which had grown up between the two coun
tries, and which thenceforth rapidly promoted the pros
perity of both.
The intelligence of the English revolution was re- The Revo-
ceived by the people in the colony of Massachusetts reg'ardedta
Bay with open demonstrations of joy, and revived the Maas- Bay-
hope that their ancient charter might be again restored
to them. Catching the inspiration of that spirit which
had thus revolutionized the parent state, and obliter
ated the authority of James II. , the people of the
colony took up their arms, deposed Sir Edmond
Andros and his council, sent them back to England^
and re-established their own governor and council in
the exercise of the authority and powers which they
had formerly claimed under their charter. The crown
assented to the exercise of these forms of government
until such time as it should provide a new charter..
This was issued in the year 1691. Under it the col- The colony
, -, -, . , incorpora-
ony was incorporated as a royal province, and con-ted^era
tinued to be known as such until after the American °ew ?}^'
. ter. 1691.
Revolution. The principal features wherein the government
under this charter differed from that under the former,
will be more particularly noticed in the third part of
this work. The colony now included within its terri- Precincts
torial limits — " all the old colony of Massachusetts Bay, °ny*n^"
the colony of New Plymouth, the province of Maine, the new
PnfLff PI*
the territory called Acadia or Nova Scotia, and all the
islands lying between Nova Scotia and Maine, under
the name of The Province of Massachusetts Bay in *MarshairY
„ t-, „* Colonies.
New England."* 18

274 THE GOVERNMENTAL HISTORY OP
Part II. new England.

Connecticut and .New Haven.
These colonies are next in order in the progress of
Quohnetta- 0ur history. This territory, now comprehended within
Long Riv- the limits of the State of Connecticut, was originally
er- conveyed by the Grand Council of Plymouth to the
•Marshall's then Earl of Warwick, in the year 1630.* This grant
o omes. |rom tne company was confirmed to the grantee by a
patent from Charles I., and was subsequently conveyed
by. the Earl to Lord Sey and Seale, Lord Brooke and
others, in 1631. In 1632 these patentees sent out an
expedition to explore the coast and the interior of the
country, which penetrated the Connecticut river as far
Up as the present town of Windsor, but it does not
appear that they made any efficient arrangements for a
settlement of the 'country. -
What were called forts, or trading stations, were
established by adventurers from New Plymouth, at
Windsor; and by the Dutch from New Amsterdam,
now New York, at the confluence of the "little river"
with the Connecticut, now called "Dutch point," at
Hartford, early in the year 1633.
The trad- . In 1635 one of these trading Stations was planted
Gov.Vnn- on tne wes* bank of the Connecticut river, near its
throp on mouth, under a commission to John Winthrop, a son
ticut,i635. of the governor of Massachusetts Bay, as follows:
* l Haz- * Articles made between the right honorable the
Paperatate Lord Viscount Say and Seale, Sir Arthur Hasselrig,
396-6.' baronet; Sir Richard Saltonstall, knight; Henry Law
rence; Henry Darley; and George Fenwick, Esqs., on
the one part; and John Winthrop, Esq., the younger,
of the other, the seventh of July, 1635.
Compact First. That we in our names, and the rest of the
Jno. Win- company, do by these presents appoint John Winthrop
throp, Jr., tne younger, governour of the river connetticote in New
and others. , , , „ , , -,. . . n
England, and of the harbour and places adjoining, for
the space of one year from his arrival there — And the
said John Winthrop doth undertake and covenant for

THE UNITED STATES -OF AMERICA. 275
THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART H.

his part, #iat he will with all convenient ispeed repair Origin of
to those places, and there abide as aforesaid for the best p/cpnnep-
advancement of the conipany's service. ticut'
Secondly. That so soon as he comes to The Bay, he To procure
shall endeavor to provide able men to the number of feyn0„£ti,e
fifty at least, for making of fortifications and building station.
of houses at the river connetticote, and the harbour
adjoining-r^rfirst for their own present accommodation,
and then .such houses as may receive men of quality,
which latter houses we would have to, he buildod within
the fort.
Thirdly- That he shall employ those men according To super-
to his best ability for the advancement of the. company's ihelr erec-
iservice, especially in the particulars above mentioned, tion-
during the time of his government, and:shall also give
a true and just account of all the monies and goods
.committed to his managing.
Fourthly. That for such as shall plant there now, in Location
the beginning, he shall take care that they plant them- ° * e ort'
.selves either at the harbour, or near the mouth of the
river, that these 'places may be the better strengthened
for their own safety, and to that end that they also set
down in such bodies together, as-, they may be most
capable of an entrenchment, provided that there be Proviso.
.reserved unto the fort, for the maintenance of it, one
-thousand or fifteen hundred acres, at least, of ground,
as near adjoining thereunto as may be.
Fifthly. That for as much as this service will takeHis.com-
him off from his own employment, the company -do Pen3atl0n-
engage themselves to give him a just and due consider
ation for the same. In witness whereof we have in,tex-
changably hereunto subscribed our names.
W- Sey and Seale, Arthur Hasselrig,
Riehard Saltonstall, iGeorge Fenwick,
Henry Lawrence, Henry Darley.

This was followed by a more formal appointment of
Mr. Winthrop to the office of governor of the river

276 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Origin of Connecticut, with the places adjoining thereunto —
ofoonnec- " giving him from and under us, full power and authori-
ticut. ty to do and execute any such lawful act, and thing,
both in respect of the place and people, as also
of the affaires we have or shall have there, as to the
dignity of office of a governour doth or may apper-
taine." Mr. Winthrop arrived in Boston on the eighth day
of October following the date of his commission, and
being informed that the Dutch from the New Nether-
The adven- lands were about tb take possession ofthe same region,
Jno. Win- he immediately dispatched " a barque of thirty tons,
*gr0P' Jr-> and about twenty men, with all needful provisions to
* Journal take possession of it, and to begin some buildings,"
of the El- thus anticipating and preventing its occupancy by the
throp. Dutch.* It is evident from the articles under which Mr. Win
throp came to America that the object of liis enterprise
was, mainly, to establish an opening for a more extend
ed commercial adventure; and although he was in
structed to make "such houses as might receive men
of quality," he was not furnished either with the neces
sary materials, or other appliances for the purpose, nor
was he accompanied by any such adventurers.
The place continued to be occupied as a trading sta
tion or fort, for a few years, when it was reinforced by"
Planting the arrival of Col. George Fenwick with a number of
Brooke by families from England. Col. Fenwick elevated it to the
Col. Fen- rank and dignity of a town, under the name of Sey-
Wick, 1639. _ ° J . ,.,.-, »,. ,
See Hollis- Brooke, a name given to it in honor ot his patrons
ter's Con- Lord Sey and Seale and Lord Brooke. He established
the first civil administration over it, under which it con
tinued until it was brought under the government of
the colony of Connecticut.
The points for establishing these various forts, or trad
ing stations, were generally selected with a view to
traffic, and they were consequently well chosen, and
stations, served afterwards to designate the most favorable locali-

THE UNITED STATES OF AMERICA. 277
THE COLONIES OP CONNECTICUT AND NEW HAVEN. PART II,
ties for .future adventurers. They were not usually Origin of
under any particular civil supervision, and historical o/connec-
verity does not warrant us to refer the planting of Con- ticut.
necticut, or New Haven, or any other of the New Eng
land settlements which sprung into existence after New
Plymouth and Massachusetts Bay, to any of these trad
ing adventures. True, these in some instances laid the
basis and formed the rude outlines of different planta
tions, but their more permanent and profitable occu
pancy is attributable to far other sources, and to such
causes as have aided in giving to their institutions and Causes of
their communities their essential and peculiar charac-ment_
teristics of freedom and independence.
We have elsewhere taken occasion to observe how, in
the earlier settlements made in New England, the polit
ical and religious jiotions of those who came to these
shores, took both their complexion and their shape from
the state of the kingdom at the time they left England.
In watching the progress of the protestant element in
the reformation, we have. already noted how gradually
its free principles were unfolded and took possession of ?r°testant-
. r, ism among
the common mind. So tardily under one administra- the puri-
tion, and then again so rapidly and so variously under NewEng-
another, were they developed, that the emigrant or the land-
exile who left the mother country in 1635, comprehend
ed more fully their political tendencies, or was more
under the influence of their wilder vagaries, than the
emigrant or the exile of 1620, or even the emigrant or
the exile of 1630, while neither, before his arrival, knew
anything of the juster developments, or the more en
during phases they were assuming in America. Hence
it happened, as these settlements extended, and addi
tions were from time to time made to their numbers
from the ranks of the proscribed and the persecuted in
England, that differences of sect or sentiment, in mat
ters of religion more particularly, prevailed among
them. In these diversities of religious opinions in the
colonies originated the various settlements made in

278 the Governmental history op
Part II. new England.
Origin of New England, after the planting of New Plymouth and
of ecc0°nnec. Massachusetts Bay. We need but to glance over the'
ticut. private journal of the elder John Winthropj Which
runs through a period of about twenty years, to be sat
isfied of this fact. At about the time of which I am
writing, the general court of Massachusetts Bay held
quite a protracted session in which scarcely any other
subjects were introduced than such as related to these
differences in matters of religion. "Mr. Wilson," says
the governor, "made a very sad speech of the condi-
[: tion of our churches and the invoidable danger of sepa-
j ration, if those differences and alienations among breth
ren were not speedily remedied; and laid the blame
Upon those new opinions risen up among Us; which all
the magistrates, except the governour and two others j
and all the ministers but two, did confirm."
Religious Sueh, therefore, I may safely affirm, were the causes
inMassa-8 which gave rise to these various settlements, and im-
chusetts parted to them their eharaeteristic qualities. Feeble
source of and scattered at first, it is true, but afterwards frater-1
lt- nized, either of their own inclination, or forced to it by
the circumstances which surrounded them for their
better protection, into some general plan of associated
government. From this they ripened at length into
permanent combinations^ and laid the foundation of
substantial communities; which resulted in establishing
the eolonieSj_and afterwards the states,- which now bear
the names under' which they Were organized by the
original settlers. The settlement of Connecticut forci
bly illustrates this position.
Arrival of "Oil the fourth day of September, 1633^ in the
Hooter ship Bird, the Rev. Thomas Hooker and the ReV„
and others Samuel Stonej with about sixty laymen, who had been
1T1 l\l 1^^
Bay, 1633. proscribed at home for disregarding the acts of con
formity, arrived ih Massachusetts Bay, and were duly
admitted to the freedom of the company."* They
*Win- planted themselves at New-Towne, now Cambridge.
Journal. On the eleventh day of October in the same year, Mr.

-THE UNITED STATES OF AMERICA,. 279
THE COLONIES OP CONNECTICUT AND NEW HAVEN. PART II.
Hooker was chosen pastor of the church, and Mr. Origin of
Stone teacher, in that plantation. Soon after this ^ecc00^°ny
they were duawn into controversies, and otherwise dis- aeeticut.
turbed, by those differences of opinion to which I have
referred, and which were so feelingly alluded to by Mr.
Wilson before the general court. Hence they became Appiica-
discontented and desirous of a more independent* settle- Hooker
ment by themselves. They accordingly applied to the and others
general court for permission to change their location, to move
The matter was deliberated for some time, imtil on the t0 ^?n"
necticut.
fourth of September, in the next year, "the general
court," in the language of Gov. Winthrop, "began at Action of
New-Towne and continued a week, and then was ad- erai court
journed eleven days. Many things were there agitated thereon,
and concluded. But the main business which spent '
the most time, and caused the adjourning of the court,
was the removal of New-Towne : They had leave at
the last general court to look out some place for
enlargement or removal, with promise of having it
confirmed to them if it were not prejudicial to any
other plantation ; and now they moved that they might
have lea.ve to remove to Connetticote. This matter
was debated divers ways, and many reasons alledged pro
and con. — Upon those and other arguments, the court
being divided, it was put to vote, and of the deputies The appli-
fifteen were for their departure, and ten against it. denied
The governour and two assistants were for it, and the
deputy governour and all the rest of the assistants were
against it, except the secretary, who gave no vote.
Whereupon no record was entered because there were
not six assistants in the vote,, as the. pattent required."
The general court was severely agitated by this dis- Effect of
cussion and the result wliich followed it. Mr, Hooker ^^Jec"
and his friends were not at all pleased with it. The
incident confirms what I have already said of the rapid
development of the liberal elements of protestantism
from year to year in the mother country, and of its
influence in the settling pf New England. Those who

280 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Origin of were now the leading men of Massachusetts Bay had
ofec°on-ny come over in 1630» wllile ¦Mr- Hooker and. his associates
necticut. had but recently arrived in America. The interval in
England had witnessed a rapid progress in the party
and principles of the puritans. The idea of sovereignty
in the people was beginning more actively, though not
as yet very definitely, to develop itself. It had at least
gained considerable ascendancy in the minds of reflect
ing men. Political leaders were catching at it for party
purposes, while those who were more devoted to free
dom because they gathered its elements from the
Bible, saw in it the dawn of their own success. The
course taken by Mr. Hooker and his party shows that
they were very strongly impregnated with it. Indeed,
in this very matter they objected that the deputies of
the people were overruled by the negative vote of the
magistracy. They thus originated the first controversy
that ever took place in New England between the
magistrates and the people as to their relative powers.
Controver- For, "upon this," says Gov. Winthrop in his valuable
the magL" journal, " grew a great difference between the govern-

tracy and 0ur and assistants, and the deputies. They would not
the people. , . .
yield the assistants a negative voice, and the other
(considering how dangerous it might be to the com
monwealth if they should not keep that strength to
balance the.great number of deputies) thought it safe
to stand upon it."
Howal- The manner in which this heated discussion was
ky^- terminated, and the discordant feelings which it had
provoked were allayed, strongly portrays the character
istic traits of our puritan fathers. Li the midst of the
excitement, or — to use the language of Gov. Winthrop —
"when they could proceed no further, the whole court
agreed to keep a day of humiliatiori to seek the Lord ;
Further which accordingly was done in all the congregations on
action of flie eighteenth day of this month. On the twenty-
Court of fourth the court met again. Before they began, Mr.
S»pS 1634. Cotton preached (being desired by all the court, upon

THE UNITED STATES OP AMERICA. 281
THE COLONIES OP CONNECTICUT AND NEW HAVEN. PART II.
Mr. Hooker's instant excuse of his unfitness for that origin of
occasion. He took his text out of Hag. ii. 4, out of 01fec°°1°liy
which he laid down the . nature or strength (as he necticut.
termed it) of the magistracy, ministry, and people, &c.
The strength of the magistracy to be their authority, jfr. cot.
of the people tlieir liberty, and of the ministry their ton's ser-
purity. And showed how all of those had a negative
voice, and yet the ultimate resolution ought to be in The people
the whole body of the people* &c, with answer to all ^f source
objections, and a declaration of the people's duty and
right to maintain their true liberties against any unjust
violence, which gave great satisfaction to the company.
And it pleased the Lord so to assist him, and to bless
our ordinance, that the affairs of the court went on
cheerfully." Mr. Hooker and his associates were undoubtedly Effect of
moved by the discourse of Mr. Cotton; for, after lis-?Il\Cot'
' ton s ser-
temng to it, he and his adherents sheltered themselves mon.
under the concession that the oath they had taken when
they were admitted to the freedom of the company,
bound them to yield to the decision of the general Mr. Hook-
court. They accordingly abandoned their purpose, ^s*nf this
" and accepted of such enlargement as had formerly yield.
been offered them by Boston and Watertown, and so * wln-
the fear of their removal "to Connetticote was re- journal.
moved.*" Though this result seems to have quieted for a while
the apprehensions of a division, among the settlers in
the colony of Massachusetts Bay, it did not obliterate
the causes of controversy and discontent which had
moved the people of New-Towne to seek a change of
location. Little diversities of sentiment in matters of Causes of
religion, and in some instances peculiarities of manner, revive'611*
or conduct, or even of dress, were made the subject of aSain-
discussion and punishment in the general court, and of
discipline in the church. Popular ministers arriving
from abroad, drew the people after them from congre
gations already organized ; or planted themselves and

282 THE GOVERNMENTAL HISTORY OP
Part II. new England. -
Origin of claimed the right to erect a church along side of one pre-
ofecon-°ny vi°usly estabhshed- An instance of this kind occurred
necticut. at New-Towne, and rather than involve themselves in
Mr. Hook-a controversy about it, Mr. Hooker and his associates
er's second again asked leave of the general, court to move to Con-
applica- ,.
tion. necticut. The interference of the Dutch from New Amster
dam with the trading stations already established upon
the bank of the Connecticut river, and the dissatisfac-
Circum- tion existing among the Indian tribes inhabiting in that
voraWe to" riegion, impressed the general court with the necessity
his peti- and importance of a more formal occupancy of the
country, and inclined them to grant the petition. It
was objected very strongly " that the general court or
the company, had no title to any part of the territory in
Objections which they proposed to establish a plantation. That nei-
against it *ner tne Dutch, who claimed the right and had already
built a fort there, nor the Indians, nor their own peo
ple at home, would endure their sitting down without
a pattent in any place which the king laid claim to."
How dis- To meet this difficulty it was suggested that they should
posed of. continue subject to the jurisdiction of the general court
of Massachusetts Bay. They assented to the proposi-
They tion and were allowed to remove. On the twenty-fifth
Connect! ^a^ °^ March, says Winthrop, " Mr. Hooker, pastor of
cut, the church at New-Towne, and the rest of his congrega-
1636. 25' tion went to Connetticote, his wife was carried on a
horse-litter, and they drove one hundred and sixty cat
tle, and fed of their milk by the way."
Previous There is an entry in' Mr. Winthrop's journal, under
rlT^i* date October fifteenth, 1635, that " about sixty men,
Vet, lboo. ' i i -i j. ...
women, and little children, went by land to connetti
cote, with their cows, heifers and swine, and after a
tedious and difficult journey arrived safe there." No
mention is made of their particular destination, but we
feel warranted in saying that they were a part of the
congregation of Mr. Hooker, the rest of whom are
spoken of above as now accompanying him. Mr. Hook-

THE UNITED STATES 0P! AMERICA. 283
THE COLONIES OF CONNECTICUT AND NEW HAVEN. * PART IL
er's company consisted of about one hundred persons
with their families. They formed a settlement on the
west bank of the Connecticut river, and laid the founda-
tion of Hartford. They were subsequently in the same
season followed by other parties who planted Windsor
and Wethersfield. Others were soon influenced by simi*
lar causes to follow their example, and planted them
selves in the same vieinity. Their settlements, however, The colony
were comprehended within the precincts of these three "ecfojut
plantations, which composed the colony of Connecticut. •
It does not- comport with my design in this work, to
trace in detail to their original date and circumstances,
all the settlements which grew up in New England at
this early period. My aim is to ascertain and to point
out in a general way, the more material -causes which
led to them, because, as I haye observed already and
shall further show, these were the basis in most instan
ces, if not in all, of a peculiar form of municipal ad
ministration. They are more fitted to my purpose
When they have arrived to that period in their experi
ence and growth at which they severally combine and
unite into larger political bodies,, and develop their
peculiarly American institutions and forms of free gov
ernment.* Although the region of territory upon which their
Settlements were made was not within the charter limits
Of Massachusetts Bay, yet as these adventurers had
agreed to remain subject to that corporation, it was
sought to bring them under "A commission granted
* Those who desire a more minute acquaintance with the early his
tory and more particular settlement of Connecticut, with What might well
be called her domestic life, will find the record attractively and faithfully
gathered in the history recently pubhshed by G. H. Hollister, Esq., of
Litchfield, Conn. Distinguished already by his attainments as a lawyer
in full practice, and his accomplishments as a scholar and gentleman, Mr..
Hollister has in this new field achieved for himself the further pre-emi
nent title of the historian of Connecticut, His fluent and graceful pen,
aided by a classic fancy, has thrown a degree of enchantment over his
pages which is rarely found combined with the truthful narratives of his
tory.

284 THE GOVERNMENTAL HISTORY OP
Part II. new England.
The Colo- to several persons to govern the people at connetticote
nectfcuj.011' for the space of a year now next coming ; an exem
plification whereof ensueth.
""Whereas, upon some reason and grounds, there are
to remove from this oUr commonwealth and body of
the Mattachusetts in America, divers of our loving
friends, neighbours, freemen and members of New-
Towne, Dorchester, Waterton and other places, who
are resolved to transplant themselves and their estates
• unto the ryver of connetticote there to reside and in
habit, and to that end divers are there already, and
divers others shortly to go, we, in this present court
assembled, on the behalf of our said members, John
Winthrop Jr. Esq, governour, appointed by certain
noble personages and men of quality interested in the
said ryver, which are yet in England, on their behalf ;
have- had a serious consideration thereon, and think it
Commis- meet that where there are a people to sit down and co-
Massachu na,kit, there will follow, upon occasion, some cause of
setts Bay difference, as also divers misdemeanors, which will re-
ernment°T" quire a speedy redress. And in regard of the distance
ifi^fi11 3d' °^ P^ace» this state and government cannot take notice
of the same (so) as to apply timely remedy, or to dis
pense equal justice to them and their affairs, as may be
desired ; and in regard the said noble personages and
men of quality have something engaged themselves and
their estates in the planting of the said ryver, and by
virtue of a pattent, do require jurisdiction of the said
place and people, and neither the minds of the said
personages, (they being writ unto) are as yet known,
nor any manner of government is yet agreed on, and
there being a necessity, as aforesaid, that some present
government may be observed, Wee therefore think meet,
and so order, that Roger Ludlow Esq ; William Pinchon
Esq ; John Steele ; William Swaine ; Henry Smyth ;
William Phelpes ; William Westwood ; and Andrew
Warde ; or the greater part of them, shall have full
power and authority to hear and determine, in a judi-

THE UNITED STATES OF AMERICA. "285
THE COLONIES OF CONNECTICUT AND NEW HAVEN. ' PART II.
cial way, by witnesses upon oath examined, within the The colony
said plantation, all those differences which may arise fo,ft°imec*
between party and party ; as also, upon misdemeanor,
to inflict corporal punishment or imprisonment, to fine
and levy the same if occasion so require, to make and
decree such orders, for the present, that may be for the
peaceable and quiet ordering the affairs of the said
plantation, both in trading, planting, building-, lots,
military discipline, defensive war (if need so require)
as shall best conduce to the public good of the same ;
And that the said Roger Ludlow, William Pinchon, Commia.
John Steele, William Swaine, Henry Smyth, William sion from
Phelpes, William Westwood, Andrew Warner, or the setts Bay
greater part of them, shall have power, under the for lts _
greater part of their hands, at a day or days by them ment.
appointed, upon convenient notice, to convent the said
inhabitants of the said townes to any convenient place
that they shall think meet, in a legal and open manner
by way of court to proceed in executing the power and
authority aforesaid, and in case of present necessity,
two of them joining together, to inflict corporal punish
ment upon any offender if they see good and warrant
able ground so to1 do : provided always, that this com
mission shall not extend any longer time than one whole
year from the date thereof, and in the mean time it
shall be lawful for this court to recall the said presents,
if they see cause, and if so be there may be a mutual
and settled government condescended unto by and with
the good liking and consent of the said noble person
ages, or their agent the inhabitants and this common
wealth : provided also, that this may not be any preju- * i jfaaa>
dice to the interest of those noble personages in the said ™!- Rec-»
ryver and confines thereof within their several limits."*

This was another assumption of political power on
the part of the general court of Massachusetts Bay,
beyond the provisions of the charter to the company.
It is at once interesting and instructive as further illus-

286 THE GOVERNMENTAL HISTORY OF
Part II. new England.
The colony trating how rapidly and how variously the political ele-
necticut. ments of freedom in the protestantism of the puritans
were developed in America. I care not to ask what
petty strifes or paltry divisions may have grown up
among them on account of their differences in matters
of religious faith, or worship, or discipline. I care not
to know, or to ask, how much of bigotry, or of super
stition, or of prejudice, or even of absolute wrong, may
have jningled with their growth. I have no fellowship
or sympathy with those sectarian zealots, or partizan
sciolists, who can go down into their infant and nursery
life to drag forth what purulent tokens they may dis
cover of the waywardness and weakness of their inex
perienced childhood. These were their embarrass-
The poilti- ments, their disadvantages, their difficulties, their dis-
cai ele- cipline, the refining from out of which was evolved the
ments of r 7 .
protestant- golden ore of freedom. It was something, much, to
(Ted by*1" nave plante(l themselves in America under a charter
the com- -which placed no restrictions on the laititude of their
™,fgovern- worship. It was a bold exercise of political liberty to
ment. ]jave transferred that charter, and the proprietorship of
the soil which it conveyed, to tbe bleak and barren
shores of New England. It was a more resolute and
fruitful exhibition of popular supremacy to have reared
upon that soil^towns, institutions', and free forms of gov
ernment, far beyond the intention, or the comprehension
of the sovereign power to whicli they hesitated not to
avow their ultimate allegiance. But it was something
above and beyond all these, to have claimed the right,
arid to have assumed the responsibility of planting a
colony on a soil not their own, all of whose political
privileges should emanate from themselves, and from
which they exacted an oath of allegiance to their own
government instead of the crown. To say that these
things had no bearing upon the future of New Eng
land, or of America, would be to deny that philosophy
in history which teaches by example. It had a quick
influence even upon the fate of the new colony, and

THE UNITED STATES OF AMERICA. 287
THE COLONIES OP CONNECTICUT AND NEW HAVEN. PART II.
produced at once a freer development of free princi-The colony
pies. The very spirit and purposes which prompted °£ut°disa?"
these men to remove with their families from the tows
elder plantation, could not long brook such a de- 10 Msmt-
pendence; a colonial dependence upon a dependent ^usetts
corporation. Nor could they understand the logic
which would deny to themselves a similar exer
cise of similar political powers. They accordingly
extinguished, by purchase, the Indian title to the soil,
made a further purchase of title from " those noble
personages " alluded to in the commission, disavowed
their allegiance to Massachusetts Bay, and entered into
an independent compapt of government under the
name of Connecticut.
This was the first instance of the establishment of Her inde-
an independent colonial government in America, with- establish-
out any charter basis, and without even a shadow of ment-
authority from the . crown. That of New Plymouth
was originally in fact quite as independent, but then it
was rather a necessity than an assumption, and had at
least the show of right derived under a charter issued by
The Plymouth Company. The only similarity between
them was, that neither the company in the latter instance
nor the general court of Massachusetts Bay in the
former, had any power conferred by their charter,
which gave them jurisdiction ofthe soil.
There is something so peculiar and characteristic in Her first
the preamble to this compact, and it is so illustrative go^fm-
of the fact, that, with us at least, a protestant christian- ment>
ity has been and is the source of all civil and religious
freedom, that I should be unsteady to my purpose if I
did not insert it here at length. It opens by reciting that
"Forasmuch as it hath pleased the Almighty God, by
the wise disposition of his divine providence, so to order
and dispose of things that we the inhabitants and resi
dents of Windsor, Harteford, and Weathersfield, are
now cohabiting and dwelling in and upon the river
Connectecotte, and the lands thereunto adjoining ; and

288 THE GOVERNMENTAL HISTORY OF
Part II. new England.
 i 
The colony -well knowing where a people are gathered together the
ticut, its Word of God requires that to maintain the peace and
first com- union 0f such a people there should be an orderly and
govern- decent government, established according to God, to
1638*' order and dispose of the affairs of the people at all
seasons as occasion shall require ; do therefore asso
ciate and conjoin ourselves to be as one public state or
The asso- commonwealth : And do, for ourselves and our suc-
ciationandcess and sucll ag ghall be adjoined to us at any time
hereafter, enter into combination and confederation
together, to maintain and preserve the liberty and pu
rity of the gospel of our Lord Jesus Christ which we
Recogn.- now profess, as also the discipline of the churches,
*""! °{ t which according to the truth of the said gospel is now
christian- practiced amongst us. As also in our civil affairs to be
lty' guided and governed according to such laws, rules,
orders and decrees as shall be made, ordered and
decreed, as followeth : —
General "I. It is ordered, sentenced, and decreed that there
C°Urmbhes sna^ ^e yeai"ly two general assemblies or courts, the
one on the second Thursday in April, the other the
second Thursday in September, following; the first
shall be called the court of election, wherein shall be
yearly chosen from time -to time so many magistrates
The ma<ns- an^ other public officers as shall be found requisite.
tracy. Whereof one to be chosen governour for the year ensu
ing and until another be chosen, and no other magis
trate to be chosen for more than one year — provided
always there be six chosen besides the governour.
Their Which being chosen and sworn, according to an oath
duties.8 and recorded for that purpose, shall have power to admin
ister justice according to the laws here established, and
for want thereof according to the rule of the word of
God ; which choice shall be made by all that are admit
ted freemen and have taken the oath of fidelity, and
do cohabit in this jurisdiction, or the major part of such
as shall be then present.
" II. It is 'ordered, sentenced, and decreed, That the

THE UNITED STATES OP AMERICA. 289
THE COLONIES OP CONNECTICUT AND NEW HAVEN. Part II.
election, of the aforesaid magistrates shall be on this The colony-
manner: every person present and qualified for choice °f j.on"
shall bring in (to the persons deputed to receive them) her first'
one single paper with the name of him written in it oTmrft
whom he desires to have governour, and he that hath 1638-
the greatest number of papers shall be governour for
that year. And the rest of the magistrates or public Election
officers to be chosen in this manner : The secretary for "rates and
the time being shall first read the names of all that are other
to be put to choice, and then shall severally nominate ° °erS'
them distinctly, and every one that would have the
person nominated to be chosen shall bring in one single
paper written upon, and he that would not have him
chosen shall bring in a blank. And every one that •
hath more written papers than blanks shall be a magis
trate for that year : which papers shall be received and
told by one or more that shall be then chosen by the
court and sworn to be faithful therein — but in case
there should not be six chosen as aforesaid, besides the
governour, out of those which are nominated, then he
or they which have the most written papers shall be a
magistrate or magistrates. for the ensuing year, to make
up the aforesaid number.
" IH. It is ordered, sentenced, and decreed, That the Candidates
secretary shall not nominate any person, nor shall any tiously"5"
person be chosen newly into the magistracy, which was propound-
not propounded in some general court before, to be
nominated the next election ; and to that end it shall
be lawful for each of the towns aforesaid, by their
deputies, to nominate any two whom they conceive fit
to be put to election ; and the court may add so many
more as they judge requisite.
" IV. It is ordered, sentenced, and decreed, That no who may
person be chosen governour above once in two vears, be chosen
, ,, . a J ' governor.
ana tnat the governour be always a member of some
approved congregation, and formerly of the magistracy
within this jurisdiction ; and all the magistrates free
men of this commonwealth : And that no magistrate
19

290 THE GOVERNMENTAL HISTORY OF
Part II. new England.
The colony or -other public officer shall execute any part of his or
n ticu't- **ie*r on^ce hefore they are severally sworn, which shall
her first' be done in the face of the court if they be present,-and
o^gov't, m case of absence, by some deputed for that purpose.
1638. « v. It is ordered, sentenced, and decreed, That to the
aforesaid court of election the severall towns shall
Towns send their deputies, and when the" elections are ended
Deputies, they may proceed in any public service as at other
courts : also the other general court in September shall
be for making of Jaws, and any other public occasion
which concerns the good of the commonwealth.
General "VI. It is ordered, sentenced, and decreed, That the
convened governour shall, either by himself or by the secretary,
' send out summons to the constables of every town for
the calling of these two standing courts, one month at
least before their several times : And also if the gov
ernour and the greatest part of the magistrates see
cause upon any special occasion to call a general court,"
they may give order to the secretary so to do within
fourteen days warning; and if urgent necessity so
require upon a shorter notice, giving sufficient grounds
for it to the deputies when they meet, or else be ques
tioned for the same : And if the governour and major
part of the magistrates shall either neglect or refuse to
call the two general standing courts, or either of them,
as also at other times when the occasions of the com
monwealth require, the freemen thereof, or the major
part of them, shall petition to them so to do : If then
it be either denied or neglected, the said freemen or
the major part of them shall have power to give order
to the constables of the severall towns to do the same,
and so may meet together, and choose to themselves a
moderator, and may proceed to do any act of power
which any other general court may.
Choosing " VII. It is ordered, sentenced, and decreed, That after
to theUten-tnere are Tarrailts given out for any of the said general
eralcourts. courts, the constable or constables of each town shall
forthwith give notice distinctly to the inhabitants of the

THE UNITED STATES OF AMERICA. 291
THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II.
same, in some public assembly, or by going or sending The colony
from house to house, that at a place and time by him ^ctlcut •
or them limited and set, they meet and assemble them- her first
selves together to elect and choose certain deputies to oTgov%
be at the general court then following to agitate the 16a8-
affairs of the commonwealth ; which said deputies shall
be chosen by all that are admitted- inhabitants in the
several towns, and have taken the oath of fidelity :
provided, that none be chosen a deputy for any general Proviso.
court who is not a freeman of this commonwealth.
"The aforesaid deputies shall be chosen in manner Mode of
following : Every person that is present and qualified ^°°!ms
as before expressed, shall bring the names of such,
written in several papers, as they desire to have chosen
for that employment, and these three or four, more or
less, being the number agreed on to be chosen for that
time, that have the greatest number of papers written
for, they shall be deputies for that court ; whose names
shall be endorsed on the backside of the warrant and Return of
returned into the court, with the constable or consta- officer
bles' hand unto the same.
"VIII. It is ordered, sentenced, and decreed, That Apportion-
Windsor, Harteford, and Weathersfield shall have deputies.
power, each town, to send four of their freemen as
their deputies, to every general court ; And whatsoever
other townes shall be hereafter added to this jurisdic
tion, they shall send so many deputies as the court
shall judge meet, a reasonable portion to the number
of freemen that are in the said towns being to be
attended therein ; which deputies shall have the power Their pow-
of the whole towns to give their votes and allowance v™te^nd
to all such laws and orders as may be for the pub
lic good, and unto which the said towns are to be
bound. "IX. It fs ordered and decreed, That the deputies Special
thus chosen shall have power and liberty to appoint a ^h" g
time and place of meeting together before any general deputies.
court, to advise and consult of all such things as may

292 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Vhe Colony concern the good of the public, as also to examine
necticut- their own elections, whether according to the order;
her first And if they or the greatest part of them find any elec-
of "gov't tion to be illegal, they may seclude such for the present
1638. from their meeting, and return the same and their
reasons to the court ; and if it prove true, the court
Deputies to may fine the party or parties so intruding and the
elections, town, if they see cause, and give out a- warrant to go
to a new election in a legal way, either in part or in
whole : Also the said deputies shall have power to fine
any that shall be disorderly at their meetings, or for
Other not coming in due time or place according to appoint
ment ; and they may return _ the said fines into the
court if it be refused to be paid, and the treasurer to
take notice of it, and to estreet or levy the same as he
doth otlier fines.
General "X. It is ordered^ sentenced, and decreed, That every
consti'tu- general court, except such as through neglect of the
ted. governour and the greatest part of the magistrates, the
freemen themselves do call ; shall consist of the gov
ernour, or some one chosen to moderate the court, and
four other magistrates at least, with the major part of
the deputies of the several towns legally chosen ; And
in case the freemen, or major part of them, through
neglect or refusal of the governour and major part of
the magistrates, shall call a court, it shall consist of the
major part of freemen that are present or their depu
ties, with a moderator chosen by them. In which said
general courts shall consist the supreme power of the
commonwealth, and they only shall have power to
Powers of make laws or repeal them, to grant levies, to admit of
court!116™1 freemen, dispose of lauds undisposed of, to several
towns or persons, and also shall have power to call
either court or magistrate, or any other person what
soever mto question for any misdemeanor, and may for
just cause displace or deal otherwise accordirig to the
nature of the offence : And also may deal in any other
matter that concerns the good of this commonwealth,

THE UNITED STATES OF AMERICA. 293
THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART IL
except election of magistrates, which shall be„done by The Colony
the whole body pf freemen. necticut-
" In which court the governour, or moderator, shall her first
have power to order the court to give liberty of speech, 0f gov>t)
and silence unseasonable and disorderly speaking ; to ^638-
put all things to vote ; and in case the vote be equal to g0vemor
have the casting voice. But none of these courts shall ia the
° . general
be adjourned or dissolved without the consent of the court.
major part of the court.
" XL It is ordered, sentenced, and decreed, that when Levies or
any general court, upon the occasions of the common- mention
Wealth, have agreed upon any sum or sums of money towns.
to be levied upon the several towns within this juris
diction, that a committee be chosen to set out and
appoint what shall be the proportion of every town to
pay off the said levy, provided the committees be made
up of an equal number of each town.
" 14th January, 1638, the eleven orders above said
are voted."
Tlie oath ofthe governor— "I, N. M., being now Oath of
Chosen to be governour within this jurisdiction, for the fn^other
year ensuing, and until a new be chosen, do swear by magis-
the great and dreadful name of the everliving God, to
promote the public good and peace ofthe same, accord
ing to the best of my skill ; as also will maintain all
lawful privileges of this commonwealth ; as also that
all wholesome laws that are made or shall be made by
lawful authority here established, be duly executed;
and will further the execution of justice according to
the rule of God's word : So help me God, in the name
of the Lo: Jesus Christ."
A similar form of oath was prescribed for the other Freeman's
magistrates, and Constables. The oath of a freeman was oatn-
substantially that prescribed of record by the general
court at a later date, which recited " I, A. B., being by
the providence of God an inhabitant within the juris*
diction of Co*inectecotte, do acknowledge myself to be
subject to the government thereof, and do swear by the

294 THE GOVERNMENTAL HISTORY OP
Part II. new England.
The colony great and fearful name of the everliving God, to be
ticut, her true and faithful unto the same ; and do submit both
first com- my person and estate thereunto, according to all the
govern- wholesome laws and orders that there are, or hereafter
™^' shall be there made and established by lawful author
ity ; and that I will neither plot nor practice any evil
against the same, nor consent to any that shall do so,
but will timely discover the. same to lawful authority
there established : And that I will, as I am in duty
bound, maintain the honor of the same and of the law
ful magistrates thereof promoting the public good of it,
whilst I shall so continue an inhabitant there ; and
whensoever I shall give my vote or suffrage touching
any matter which concerns this commonwealth, being
called thereunto, will give it as in my conscience I
shall judge may conduce to the best good of the same
without respect of persons or favor of any man. So
help me God in our Lord Jesus Clirist."

General Such was the first governmental compact of the first
remar s. ^ru^y independent municipal organization formed in
America, the colony of Connecticut. Such was the pro
gress of freedom within twenty years after our puritan
fathers first landed on the coast of New England. We
may search the records of history in vain to find a par
allel to this the first written constitution framed inde
pendently in America. So brief and yet so compre
hensive, so concise and yet so full, so simple and yet so
sublime. It is the complete and harmonious issue of
what we have called the political element of free
dom in the, protestantism of the puritans. Now for
Its political the first time in the history of mankind, we find the
aspects, church and state dissevered though not really divorced,
each moving in its peculiar province and exercising its
peculiar mission without warring with the other ; while
the power in and over either emanates wholly and
directly from the people. We might well expect to
see, as the further fruits of such a basis of social organ-

THE UNITED STATES OP AMERICA. 295
THE COLONIES OP CONNECTICUT AND NEW HAVEN. PART II.
ization, a Bill of Eights like that passed by the general ™e0°^
court at a subsequent session, in which it was de- ticut.
creed —
" That no man's life shall be taken away ; no man's Bill of
honor or good name shall be stained ; no man's person
shall be arrested, restrained, banished, dismembered,
or in any way punished ; no man shall be deprived of
his wife or children ; no man's goods or estate shall be
taken away from him ; nor any ways damaged, under
colour of law, or countenance of authority, unless it
be by the virtue or equity of some express law of the
country warranting the same, established by a general
court, and sufficiently pubhshed; or in case of the*0^0"^1
defect of a law in any particular case, by the word of Vol l.
God."* Thus we have it, freedom of religion, freedom of the Summary
person, freedom of speech, freedom of property, se.cu- °acteof om'
rity of reputation and of life, and in the domestic rela- govem-
tions ; freedom in the formation of government, in the
enactment of laws, and in the choice of rulers ; all
tending to the personal elevation of the individual
man. This is ari achievement of protestantism pecu
liarly Americari. This is American Protestantism.
It is marred by no recognition of sovereignty or su
premacy elsewhere than in the people,' and speaks out
as if no monarch on earth dare ever dream of claiming
its allegiance, or infringing its prerogatives of power.
In the year 1644, Saybrook was purchased of Col. Saybrook
Geo. Fenwick, and became a part ofthe colony of Con- connecti-*0
necticut, which continued under the form of govern- cut, 1644.
ment already adverted to until the issuing of the royal
charter by Charles II.
I have purposely omitted any particular reference to Indian
the wars in which the colonies of New England were w
involved with the native tribes bordering upon the val
ley of the Connecticut river during their early history.
I do not regard them of any material importance so
far as the design of this work is concerned ; and they

296 THE governmental history OF
Part II. new England.
Origin of come within the scope of our observation, in passing,
of New simply in the tendency they had to lead adventurers
Haven. farther into the interior country and thereby to extend
and increase their settlements.
The Colony of New Haven.
Arrival of on the twenty-sixth day of April, in the year 1637,
port and there arrived in the harbour at Boston — "two ships
Boston a* fr°m London. In these came Mr. Davenport and an-
Aprii 26, other minister, and Mr. Eaton and Mr. Hopkins, two
merchants of London, men of fair estate and of great
esteem for religion, and wisdom in outward affairs." *
These men had their own peculiar opinions in reference
to religious and political matters, which prompted them
to turn their attention to the asylum now more abun
dantly opening for all such in the wilds of New Eng-
How they land. Being " men of esteem for religion, and wisdom
were re- m outward affairs*" and of ample worldly resources, a
* great effort was made to retain them in. Massachusetts
Bay. "All possible means," says Gov. Winthrop,
" were used to accommodate them here — Charlestown
offered them largely ; Newbury their whole town, the
court any place which was free." But they were un
willing to remain in a jurisdiction already distracted
by differences in matters of religion, and where they
at once comprehended what restraints might be imposed
upon the propagation of their own peculiar views. In
the fall of the same year Mr. Eaton and others left
Boston and proceeded southward until they came upon
a wide spreading and beautiful bay, backed by an exten
sive level plain called by the Indians Quinnipiac. On
"nPOTt the thirtieth day of January, 1638, "Mr. Davenport
leaves for d Mr pre(iden and a brother of Mr, Eaton, being
the Con- 7 _^ . . . ' ,
necticut, ministers also, went by water to Quitmipiac; and with
i638.ary' them many families moved out of the jurisdiction of
Massachusetts Bay, to plant themselves in those parts*" *
throp's After a lengthened, tedious and somewhat perilous
Journal. passage, they reached their destination in safety, plant-

THE UNITED STATES OF AMERICA. 297

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II.
ed their settlement, and called it New Haven. They Origin of
had made no provision for a title to the soil, but relied 0fVew
on their ability to make some friendly negotiation with ^6a„vSa
the natives, whom they regarded as the true and only
rightful proprietors. They were invested with no polit
ical powers, but framed their own ordinances and laws
as independently as did the colony of Connecticut,
undoubtedly moved by her example.
The people of Massachusetts Bay seem to have been
a good deal disappointed by the departure of Mr. Eaton Departure
and his company from among them ; being then appre- Eaton' h0W
hensive that a general governor for the colonies would regarded
be sent over by the crown. The manner, however, in Bay.
which they consoled themselves was too characteristic
and too much affiliated to our purpose to be passed by
in silence. Says Gov. Winthrop — "though -it were a
great weakening to these parts yet we expected to see
a good providence of God in it, both for possessing
those parts which lay open to an enemy, and for
strengthening our friends at connectticote, and for mak
ing room here for many who are expected out of Eng
land this year; and for diverting the thoughts and
intentions of such in England as intended evil against
us ; whose designs might be frustrated by our scatter
ing so far : and such as were now gone that way were * ' w"j'
as much in the eye Of the estate of England as we Journal.
here."* It was about at this date that the Council of com
missioners for foreign plantations Was created by Charles
L, which declared the forfeiture of their charters by
various companies in England, and was made the basis
of the quo warranto which was issued against the
Massachusetts Bay company. The same home difficul
ties which checked those proceedings on the part of the
crown and commissioners, opened the opportunity for
planting these independent colonial settlements in New
England. The plan of association first adopted by the planters

298 THE GOVERNMENTAL HISTORY OF
Part II. new England.
The colony of New Haven, was different from that of any other of
Haven* *ne American settlements. The Bible was to them the
source of all law; church-membership the condition of
freemanship, and the test of eligibility to office, whether
. civil or military. Hers was^ if we may so express it, a
ties of her Cliristocratic form of government, the church was the
tion!mza" head of the colony, the minister the head of the church,
and Christ the head of all, and they imitated the early
christians in adopting a community of goods and an equal
distribution of lands. On the fourth of June, 1639, they
held their first meeting, when the following resolutions
were adopted as the basis of their organization, viz:
The Bible "I. That the scriptures hold forth a perfect rule for
the rule of tne direction and government of all men in all duties
which they perform to God and men, as well in families
and commonwealth, as in matters of the church.
Andsource "II. That as in matters which concerned the gather-
^|°vem' ing and ordering of a church, so likewise of all public
offices which concern civil order, as the choice of magis
trates and officers, making and repealing laws, dividing
allotments of inheritance, and all things of like nature,
they would all be governed by those rules which the
scripture held forth to them.
Object of " III. That all those who had desired to be received as
ture!dVen" free planters, had settled in the plantation with a pur
pose, resolution, and desire, that they might be admit
ted into church fellowship according to Christ.
Obliga- " IV. That all the free planters held themselves bound
Be°tierSftoCto establish such civil order as might best conduce to
each other, the securing of the purity and peace of the ordinance
to themselves and their posterity according to God.
Qualifies- "V. That church members only should be free bur-
tiowerTof gesses; and that they only should choose magistrates
freemen, among themselves, to have power of transacting all the
public civil affairs of the plantation; of making and
repealing laws, dividing inheritances, deciding of differ
ences that may arise, and doing all things and business
of like nature.

THE UNITED STATES OP AMERICA. . 299
THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II.
" VI. That twelve men should be chosen, that their Ordering
fitness for the foundation of the work might be tried, chUrch.
and that it should be in the power of those twelve * See Hoi-
men to choose seven to begin the church."* tory-
In October of the same year a general, convention
was held, and a plan of government adopted embodying
the principles set forth in the foregoing resolutions. A
general court was created, to consist of the governor,
deputy governor, and twelve assistants, with two dele- its organi-
gates from each town, to be chosen annually. All pow- zation> ,-
. ,.,. ,.,..., .,.,. powers and
er, executive, legislative, and judicial, to reside m this duties.
body, with a right of appeal to a supreme court com
posed of all the magistrates in the plantation, six of
whom formed a quorum. They remained under this
compact until they came under the charter granted to
the colony of Connecticut by Charles II. after his resto
ration to the throne.
In closing this summary of the governmental polity
of the first settlement at New Haven, I cannot forbear
repeating what I have said of the colony of Connecti
cut. I care not to run the gauntlet with those who can Protest-
see in it only the traces of bigotry, superstition, and ^n*lsm aa.
intolerance. It is beyond all controversy true that a m New
Protestant Christianity, by the general charter provis- the°basis
ions issuing out of England from the earliest period in of aI1_ lree
our history, by all the records of our colonial and revo- ment in
lutionary annals, and by the constitutions of nearly all Ameilca-
of the states, as well as by the consent of the whole
American people, has been, and is, regarded and recog
nized as an essential element of our political systems ;
and that the Bible has been universally received among
us as at once the source of such a Christianity, and the
depository and fountain of all civil and religious free
dom. This is an American common law axiom estab
lished by our whole history, which I have endeavored
to elucidate in tracing to their source the true princi
ples of freedom in our institutions of government,
wherever and however feebly disclosed, wherever and

SOO . THE GOVERNMENTAL HISTORY OF
Part II. new England.
The colony however obscurely developed. I did not expect to ac-
HavenT complish so laborious and responsible a task without
plodding my way through a deal of baser matter, and
coming in contact with much which might sicken my
vision, or offend my taste, or perchance even provoke
my indignant condemnation. Still behind these moun
tains I feel that there is sunshine. Amid these heaps of
loose, decaying, and even offensive rubbish, I know there
is life. And while we rejoice in a superstructure so
beauteous and attractive in its strength, its extent, its
proportions and its years, we ought not to forget that
all its institutions of freedom and all its prosperity, rest
On no other basis than such as was laid by our puritan
forefathers who planted New England. It is true that
that element of political liberty inherent in their prot
estantism, whose tendency I have claimed it was to sep
arate and yet preserve in harmonious existence the
church and the state, with full freedom in either to
* exercise its essential prerogatives, had not yet reached
the maturity of its development. But I have carefully
traced its origin, we have noted thus far its progression;
and the existence of our own civil and religious insti
tutions in perfect harmony with our federal and state
relations to-day, declare its triumph.

Upon the * Pass on now to the restoration and accession of
restoration Charles II. During the agitations of the civil war in
monarchy, England, the plantations of Connecticut and New
1660. Haven had steadily advanced in prosperity, and rapidly
extended their thriving settlements along the valley
of the Connecticut river and the coast of Long Island
Sound. Their institutions of government, education,
and religion, had assumed the appearance and gave
Peculiarity assurance of permanency. " It was their good fortune
orirfrfand *Da* their origin and growth were sheltered, as it were,
growth, behind the Massachusetts Bay company whence they
emanated, and which was made the object of any ex
isting hostility or dissatisfaction on the part of the

-¦ THE UNITED STATES OF AMERICA. 301
THE COLONIES OE CONNECTICUT AND NEW HAVEN. PARI II.
crown during the supremacy of the regal power, or of
the parliament under the commonwealth, or of Crom
well during his protectorate. Thus they were in a
measure exempted from those bitter experiences of
foreign interference, which, from time to time, dis
turbed the elder and parent colony. Indeed, however
characterized, the sovereign power at home itself How ad-
seemed to look upon Ehode Island, Connecticut and [o'^a|nOU3
New Haven merely as offshoots from Massachusetts
Bay, of indifferent growth, and which were sure to
follow her fortunes and her fate. Hence these adven
turers experienced less of its resentment, and were
more ready to admit its superintending care when
occasion demanded. Hence, on the fourteenth day of
March, 1661, John Winthrop, Jr., the son of governor
Winthrop of Massachusetts Bay, being governor, the
people of Connecticut in general court assembled— r
" concluded and declared, that it was their duty, and Recogni-
very necessary, to make a speedy address to his sacred charies- n.
majesty, our sovereign lord Charles the second, king Dv the.
of England, Scotland, France, and Ireland ; to ac- ct., 1661.
knowledge our loyalty and allegiance to his highness,
hereby declaring and professing ourselves, all the
inhabitants of this colony, to be his highnesses loyal
and faithful subjects — And do further conclude it neces
sary that we should humbly petition his majesty for
grace and favor, and for the continuance and confirma
tion of such privileges and liberties as are necessary *i Colonial
for the comfortable and peaceful settlement of thisgg00rds'
colony,"* There was a degree of political shrewdness, and Its policy.
statesmanlike forecast, in these proceedings, which is
worthy of particular observation. They would thus
avoid the chance of becoming involved as parties to
any controversy which might arise between the Massa
chusetts Bay company and the crown ; secure to them
selves a corporate existence independent of that colony ;
while their voluntary recognition of the restored mon-

302

THE GOVERNMENTAL HISTORY OF

Part II.

NEW ENGLAND.

Connecticut re
solves to
petition for
a charter
from the
crown, 1661.

The pe
tition.

Disadvantages of
the inter
regnum.

Expenses of planting
their settle
ments.

archy was calculated to win towards them the good
will of the king, if perchance the significant omission
of his title of " Defender of the Faith " did not attract
his observation or awaken apprehension.
At a subsequent meeting of the general court, a
committee was appointed in pursuance of the foregoing
resolution, to prepare a suitable petition to be addressed
to the crown, which was reported and approved on the
seventh day of June following, viz. :
Petition to his majesty, King Charles II, for
charter privileges. '
"The humble petition of the general court, at Hart
ford, upon Connecticut, in New England, to the high
and mighty prince, Charles the second, humbly show
ing — That whereas your petitioners have not had, for
many years past, since their possession and inhabiting
these western and inland parts of this wilderness, any
opportunity, by reason of the calamities of the late
sad times, to seek for and obtain such grants by letters
pattents from your excellent majesty, their sovereign
lord and king, as might assure them of such liberties
and privileges, and sufficient powers, as might encour
age them to go on through all difficulties, hazards, and
expenses, in so great a work of plantation, in a place
so remote from the christian world, and a desert so
difficultly subdued, and no way improvable for subsist
ence, but by great cost and hard labour, with much
patience and cares.
And whereas, besides the great charge that hath
been expended by our fathers, and some of their asso
ciates yet surviving, about the purchases, building,
fortifying, and other matters, of culturing and improv
ing to a condition of safety and subsistence, in the
places of our present abode among the heathen,
whereby there is a considerable and real addition to
the honor and enlargement of his majesty's dominion,
by the sole disbursements of his majesty's subjects
here ; of their own proper estates they have laid out a

. the united states op america. 303
 ¦  t*  ¦ 
THE COLONIES OP CONNECTICUT AND NEW HAVEN. PART II.
very great sum for the purchasing a jurisdiction right Petition
of Mr. George Fenwick, which they were given to °f Gt?n~
understand was derived from true royal authority, by for a char-
letters pattent to certain lords and gentlemen therein tne crown
nominated, a copy whereof was produced before the *661-
commissioners of the colonies, and approved by them,
as appears by their records, a copy whereof is ready to
be presented at your majesty's command, though,
either by fire at a house where it had beeri sometimes Title from
kept, or some other accident, it is now lost ; with which jenwiTk26
your poor subjects were rather willing to have contented
themselves in those afflicting times, than to seek for
power or privileges from any other than their lawful
prince and sovereign.
"May it therefore please your most gracious and excel- Prayer for
lent majesty, to confer upon your humble petitioners, *f ™e*pCe
who unanimously do implore your highnesses favor and title.
grace therein, those liberties, rights, authorities, and
privileges, which were granted by the aforementioned
letters pattent to certain lords and gentlemen, so pur
chased as aforesaid, or which were enjoyed from those
letters pattent granted to the Massachusetts plantation
by our fathers, and some of us yet surviving, when
there in our beginning inhabiting, and upon which
those large encouragements, liberties, and privileges,
so great a transplantation from our dear England was
undertaken, and supposed to be yet our inheritance,
till the running of that western line, the bounded
limits of those letters pattents, did, since our removal
thence, determine our lot to be fallen without the
• limits of that so bounded authority.
"May it please your majesty graciously to bestow p0r further
upon your humble supplicants such royal munificence, Powers>&0-
according to the tenor of a draft or instrument, which
is ready here to be tendered at your gracious order.
" And whereas, besides those many other great dis
bursements as aforesaid, in prosecution of this wilder
ness work, your poor petitioners were forced to main-

304 THE GOVERNMENTAL HISTORY OF
Part II. new England. •
Petition tain a war against one nation of the heathens, that did
necfeut niuch interrupt the beginning of your servants, by
for a char- many bloody and hostile acts, whereby divers of our
the crown, dear countrymen were treacherously destroyed, and
1661, have, also, been ever since, and are still, at much
charge in keeping such a correspondence of peace and
Relations amity with the divers sorts of the heathen nations that
Sdians? are round about your plantations, thus far extended
into the bowels of the country, besides the maintenance
of all public charges for church and civil affairs, wliich
are very great in respect of our great poverty.
Prayer for "May it please your most excellent majesty, out of
frein cus?1 y°ur princely bounty, to grant such an immunity from
toms. customs, as may encourage the iherchants to supply
our necessities in such commodities as may be wanting
here, for which we have neither silver nor gold to pay ;
but the supply in that kind may enable, in due time,
to search the bowels of the earth for some good min
erals, whereof there seems to be fair probabilities, or
produce some such other staple commodities, as may,
in future time, appear to be the good effects of your
majesty's goodness and bounty. If your poor colony
may find this gracious acceptance with your majesty,
as to grant their humble desire, whereby they may be
encouraged to go on cheerfully and strenuously in
their plantation business, in hope of a comfortable
settlement for. themselves and their posterity, that
under your royal protection they may prosper in this
desert ; they shall, as is their acknowledged duty, ever
pray for your great tranquility and perpetual hap
piness; and humbly craving leave, they subscribe
themselves your majesty's loyal subjects and servants,
the general court of the colony of Connecticut, in
New England ; per order,
*i CoLRec. Daniel Clark, Secr'y."
of Conn., "June 7th, 1661."*

611.

Governor Winthrop, Jr., was appointed agent to pre
sent the foregoing • petition to the crown on behalf of

THE UNITED STATES OF AMERICA. 305
THE COLONIES OP CONNECTICUT AND NEW HAVEN. PART IL
the colony ; and " to improve his abilities to procure a Letter of
pattent, it was ordered and enacted that his charges and ticutTto
expenses should be defrayed out of £500 set apart forLojd ^y
the purpose." He was furnished with a letter or memo- on peti- '
rial addressed to Lord Sey and Seale of the same date *' Xarfer01
with the petition, which fully sets forth the position and 1661.
object of the colony of Connecticut in making this
application for a royal charter. It reads :
" Eight Honorable. The former encouragements that
our fathers, and some of their yet surviving associates,
received from your honor to transplant themselves and
families into these inland parts of this vast wilderness,
where (as we have been given to understand) your
honor was, and as we conceive and hope is still, interest
ed, by virtue of pattent power and authority, doth not
only persuade us, but assure us of your patronage and
favor, in that which may come within your power,
wherein our comfort and settlement,, and the well-being
of our posterity and the whole colony, both in civil and Their set-
ecclesiastical policy, is so deeply concerned: Honor- howra-
able sir; not long after that some persons of note couraged.
amongst us, and well known to yourself, whose names
in that respect we forbear to write, had settled upon
this river of Connecticut, and some plantations up the
river were possessed, and in some measure improved,
Mr. George Fenwick took possession of Seybrook fort,
there residing for certain or several years j at length he
was moved, for ends best known to himself, to return
to England, and thereupon propounded by himself our
agent, the sale of the fort, with the housing there, and Negotia-
several appurtenances, together with all the lands on jjJ°,npWlth
the river, and so to the Narragansetts Bay, with juris- wick for
diction power to this colony, which was exceedingly ay r0° '
opposed by several amongst us, whom some of us have
heard to affirm that such a thing would be very distaste
ful to your honor, with the rest of the noble pattentees,
who had very bountiful intentions to this colony : Nev
ertheless, tho' there was a stop for the present, yet in
20

306 THE GOVERNMENTAL HISTORY OP
Part II. new England.
Letter of some short time (God removing some from us by death,
ticut to" that were interested in the hearts and affections of sev-
Lord Sey eral of those nobles and gentlemen, the pattentees in
on peti- ' England) the business of purchase was revived by Mr.
a charter0r fenwick, and expressions to this purpose given out by
1661. ' him, or his agents, or both ; that he had power to dis
pose of the premises, the rest of the pattentees deserting,
it fell into his hands by agreement, and in case the
towns on the river refused to comply with such terms
as he proposed for the purchasing of the said fort, &c,
it was frequently reported that he purposed either to
impose customs on the river, or make sale ^thereof to
the Dutch our noxious neighbors ; at last, for our peace,
and settlement, and security, (as we hoped) we made,
by our committee, an agreement with the said Mr. Fen
wick, a copy whereof is ready to be presented unto
your honor, which cost this river one thousand six hun
dred pounds, or thereabouts, wherein your honor may
see the great abuse that we received at Mr. Fenwick's
hands, he receiving a vast sum from a poor people, and
we scarcely at all advantaged thereby ; nay, we judge
Difficulties our condition worse than if we had contented ourselves
title? " "with the patronage of the grand pattentees, for we have
not so much as a copy of a pattent to secure our stand
ing as a commonwealth; nor to insure us of the con
tinuance of our rights, and priviliges, and immunities,
which, we thought, the jurisdiction power and authority
which Mr. Fenwick had, engaged to us, and we paid for
at a dear rate ; nor any thing under his hand to engage
him and his heirs, to the performance of that which
was aimed at and intended in our purchase : The lands
up the river for a long tract the Mattachusetts colony
doth challenge, and have run the line, which, as they
say, falls into one of our towns. On the other side
towards Narragansett we know not how to claim,
being destitute of pattent and a copy to decide the
Their ad- bounds.
(iroRS to liiti
majesty. "Be pleased, Noble Sir, to consider our condition, who

THE UNITED STATES OP AMERICA. 307
THE COLONIES OP CONNECTICUT AND NEW HAVEN. PART II.
have taken upon us this boldness to address to his majes- Letter of
ty,our sovereign lord, and to petition his grace and favor ticuTto"
towards us, in granting us the continuance of those Lm$ Se7
.... -,..., , , .,, , . , and Seale.
priviliges and immunities that we have hitherto enjoyed on peti-
in this remote western part of the world; and likewise '°™^r
for a pattent whereby we may be encouraged andi66i.
strengthened in our proceedings.
" Right Honorable, our humble request to yourself is,
that you would be pleased to countenance our enter
prise, and so far to favor us as to counsel and advise
our agent, who is to represent this poor colony, and to
act in our behalf, John Winthrop, Esq., our honored
governour, whom we have commissioned, and also direct
ed, to await your honor's pleasure for advice and coun
sel, both respecting our petition to the king's majesty,
as also respecting the case aforementioned, that if there
be any relief for us, we may not lose such a consider
able sum of money, and be exposed to further expense
for the obtaining a pattent.
" If we may find this favor with your honor to afford
your advice and counsel, and helpfulness to bring to
pass our desires, we shall still acknowledge your en
larged bounty and favorable respect to us and ours, and Conclusion
ever pray an inundation of mercies may flow in upon °Jrtae let*
your lordship from the author and fountain of blessing.
With all due respects, we subscribe, sir, your lordship's
humble servants the general assembly of the colony of 1 Trum-
Connecticut. Per their order signed buli's °9a"
° necticut.
Per Daniel Clark, Sec'y. 513.

With these and other like preliminary preparations,
Governor Winthrop proceeded on his mission to Eng
land. He arrived in London in the fall of the same
year, and at once sought the Lord Sey and Seale as the
most reliable patron of his enterprise, to secure whose
commanding influence seemed a requisite all impor
tant to his success. He prefaced his operations by
addressing a letter to that nobleman who was not then

308 THE GOVERNMENTAL HISTORY OP
Part II. new England.
Negotia- in London, enclosing the letter of the general' court;
Mr^Win- to which he received a reply dated December eleventh,
throp for a as follows, viz :
"Mr. Winthrop, — I received your letter, by Mr.
Eichards, and I would have been glad to have had an
opportunity of being at London myself to have done
you, and my good friends in New England, the best
service I could; but my weakness hath been such, and
my old disease of the gout falling upon me, I did desire
leave not to come up this winter ; but I have written to
the Earl of Manchester, Lord Chamberlain of his majes-
Letter of ty's household, to give you the best assistance he may,
anddSea7e an^ indeed he is a noble and worthy Lord, and one that
London, ' foves those that are godly. And he and I did join
1661.11' together that our godly friends of New England might
enjoy their just rights and liberties ; and this Colonel
Crowne, who I hear is still in London, can fully inform
you : Concerning that of Connecticut, I am not able
to remember all the particulars, but I have written to
my Lord Chamberlain, that when you shall attend him,
(which I think will be best for you to do, and therefore
I enclose a letter to him, in yours, that you may deliver
it) and I have desired him to acquaint you where you
may speak with Mr. Jesup, who, when he had the pat
tent, was our clerk, and he I believe, is able to inform
» l Trum- you best about it, and I have desired my Lord to wish
of Connlf ' him so to do. I do think he is now in London. My
616- fove remembered unto you, I shall remain
Your very loving friend,
W. Sey and Seale.* •

Interview Under these auspices governor Winthrop went more
of Gov. directly to work to accomplish the purposes of his
Winthrop agency an(j appeared before Charles II. to solicit
Charles II. a charter of incorporation for the infant colony.
Whether we consider the man, his mission, or the
monarch to whom he addressed himself, the occasion
and the scene were thrillingly interesting, impor-

THE UNITED STATES OP AMERICA. 300
THE COLONIES OP CONNECTICUT AND NEW HAVEN. PART II.
tant, and impressive. The subjects who had gone out
as exiles from the kingdom and planted themselves on
a far distant shore, and grown into an independent com
munity during the agitations of a revolution whicli
sought to annihilate all the prerogatives of kingly power
in the parent state, now return in the person of their
own political head, chosen by their own suffrages, and
ask that their political existence and institutions may
be acknowledged and secured to them, by the sanction The occa-
of a monarch who had just come up to his throne fresh ^°ns^
from the horrors and the blood of that same revolu
tion. Well might the agent for the colony doubt the suc
cess of his petition ; well might the panting monarch
hesitate to grant it. Still Winthrop had the benefit
of an engaging person, affable manners and courtly ac
complishments, and was backed by an array of power
ful friends and allies. Charles was not unmoved by
these advantages, and yet he seemed seriously to feel
the political importance of his position in the premises,
and whatever other influences may have been brought
to bear upon him he would probably have refused to
grant the charter, but for an appeal made to his heart
wliich overpowered his more careful judgment. The
instrument was all prepared and it waited only the great
seal and the king's autograph, to perfect it. Winthrop ,
was a finished diplomatist, and undoubtedly chose the ter procur-
fittest moment for his purpose. He approached his 23^1662
majesty with the charter in hand, and drew from his
own finger a favorite ring which Charles I. had presented
to his grandmother. Feelingly, yet courteously, he
presented it to the king, coupling the presentation with
well-conceived and well-uttered assurances of loyalty.
The charter of Connecticut received the royal seal and
signature on the twenty-third day of April, 1662.
This grant incorporated the patentees under it as style of
The Governor cmd Company of the English Colony of the. corP°"
Connecticut in New England in America. John Win-

310 THE GOVERNMENTAL HISTORY OP
Part II. new England.
throp was thereby appointed governor ; John Mason
deputy governor, with twelve others named as assist
ants. Under it the same general form of government and
administration was continued in the colony which had
previously obtained. The charter itself was sought for
and regarded by the people more as a grant of title in
the territory, and a guarantee of their liberties from the
crown, than the basis for any essential modification of
Reception their existing constitution and laws. It was received
charter m *ne c°l°ny and " publicly read in the audience of the
in the colo- freemen, and declared to belong to them and their
ny' ' successors," at Hartford, October ninth. A commit
tee of three persons was instantly appointed "to
take the charter into their custody, in behalf of the
freemen;" the court first administering to them an
Proceed- oath for the due discharge of the trust committed to
upon. ere them. At the same time it was enacted and decreed,
" that the town of Hartford should thereafter be the
settled place for the convocation of the general assem
bly, at all times, unless upon occasion of epidemical
diseases, sickness, or the like." All officers in the
colony, both civil and military, were " estabhshed in
their respective places and power as formerly until
* l Trum- further order."*
Hee. ' ^ne most important feature in this patent with
which we are at present concerned was, that it embraced
within its precincts the two colonies ofr Connecticut
and New Haven. It did not refer in words to the latter,
still it included its territorial limits within the terms
of the grant. That the distinct existeiicVoftiie planta
tion at New Haven should have been overlooked or dis
regarded seemed at least something strange. The
manner, too, in which the charter was received and dis
posed of on its arrival, and the instant assumption of
power under it by the government of Connecticut,
without advising with New Haven, seemed likewise sin
gular. The governor and all the officers named in the

THE UNITED STATES OF AMERICA. 311
THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II.
patent belonged in Connecticut. It is not therefore The ,cuar"
ter how
surprising that the government of the colony of New regarded
Haven were indignant at these proceedings on the part g^ew
of Connecticut. They insisted that the whole thing
was an unjust and impertinent interference with their
rights and independence. They protested not only
against the proceeding under which the grant was pro
cured, as in itself insolent and offensive ; but insisted
also that the construction given to it by Connecticut ,
was an infringement of their prerogatives. They
claimed that it did not, and was not intended to include
them in its provisions, and they therefore determined
to adhere to their own separate organization and gov- -
ernment. The contest between them was carried on
with rancorous hostility ; nor was it at all softened by
the subsequent action of the general court of Connecti
cut whereby — " the court voted that they would not
send the pattent nor copy thereof to be read at New * 1 Tram-
-rr „. ™ bull's Col.
Haven."* Kec.( m.
But it is not necessary to my purpose to enter into
the details of this controversy between the two colonies.
The case to them was not without its difficulties.
These originated mostly in the variety of sources whence
the titles to the different settlements were derived.
There was the commission of Lord Sey and Seale, and
others, patentees of the crown, to the junior Winthrop,
dated July seventh, 1635, authorizing him to erect a
trading station at or near the mouth of the Connecti
cut river, and which was subsequently transferred to
Col. Fenwick, under the same patronage in England.
Then there was the commission issued out of the gene
ral court of Massachusetts Bay for the government of
Connecticut. After this followed the purchase of Say- March 3,
brook from Col. Fenwick ; superadded to all these there 1636,
existed a claim on the part of Connecticut, based upon
the conquest of the country from the Indians in the
Pequot war.
, From all these sources Connecticut derived her show

312 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Contro- 0f title to the territory, and insisted on its priority to
vcrsv foe-
tween the that of New Haven, while the latter plantation based
two colo- ner cianils on no other source than the purchase from
mes about ' . r v
the char- the Indians ; or in more modern phrase perhaps, her s
ter, 1662-3. ^ag mereiy ^ne right 0f pre-emption in the soil. Un
der this state of facts I cannot for myself see that any
injustice was done to New Haven in the application of
the colony of Connecticut for a patent from the crown.
It is no objection that the charter itself, as stated in
their petition, was drafted in the colony, so long as the
description of its precincts was based upon the forego
ing sources of title. Without any prejudices or feeling
in favor or against either party to the controversy, it
is difficult to see that the colony of New Haven had
even the shadow of a title such as would sustain a pro
test against the issuing of a charter to the people of
Connecticut. So far as we can judge of it, I am in
clined to think that her hostility is referable to the
distinctive religious opinions and pohtical aims of a
few ambitious and aspiring men, rather than to any
general sentiment of dissatisfaction among the people.
Those, however, who desire more curiously to specu
late in the premises, may find the case of New Haven
very ably, if not correctly, stated in an order of the
general court of that colony, bearing date March 9,
* l Hollis- 1663.*
Conn. "^ The result of the controversy was an appeal to the
app- crown. This appeal was arrested, by assurances on the
part of the agent who had been deputed to procure
the charter, that the union should not be considered
complete unless it was voluntarily assented to by
New Haven. But Connecticut, notwithstanding, per
sisted in claiming that " the distinct standing from
them in point of government by New Haven, was
directly opposite to the tenor of the charter lately
f l Trum- granted, in which both plantations were inclosed,"! and
Rec. 437. proceeded to exercise jurisdiction over the towns and
territory within the limits claimed by the colony of New

THE UNITED STATES OP 'AMERICA. 813
THE COLONY OP CONNECTICUT. PART II.
Haven. After a spirited course of correspondence and Union of .
negotiation, however, and certain concessions and stipu- *0^02e°s
lations made in favor of New Haven, the enmity was under the
allayed, and the two colonies became fully and insepa- conn.,
rably united under the same form of government, in 1664-
November, 1664.
At a subsequent meeting of the general court, held All ani-
at Hartford, in April following, it was voted, " this court ^f^L
doth hereby declare that all former actings that have order of
past by the former power at New Haven, so far as they 1665. '
have concerned this colony, (whilst they stood as a dis
tinct colony) though they in their own nature have
seemed uncomfortable to us, yet they are hereby buried * ^p™."
in perpetual oblivion, never to be called to account."* Rec, 440.
The magistrates, assistants and delegates ofthe people Division of
sat together as one house until the year 1698, when the tn,e %eae'
, ,..,,. , , rai court,
general court was divided into two branches, the magis- 1698.
' trates and assistants composing the upper house, and
the delegates the lower house.
In 1675, Sir Edmond Andros, then governor of the gov. An-
province of New York, attempted to usurp authority dros' at"
over a portion of the territory comprehended within upon Ct.
the limits of the patent, to Connecticut. He sailed
from the city of New York, then New Amsterdam, for
this purpose, with a small fleet, and proceeded to Say
brook, where he hoisted the king's flag and demanded
a surrender of the fort. He was answered, however,
by a display of the same flag and vigorous preparations
for a defence of the place. He was permitted to land,
and upon landing attempted to read his commission
from the crown, but being opposed in a manner which
forewarned him of the result if he persisted, he returned
to New York without having established his jurisdic
tion over it. He returned again in about ten years Accession
from this period. James II. , on his accession to the °£ J™ta
throne, proposed to consolidate all the colonies of New
England — which had now " increased in population to
about fifty thousand inhabitants — by erecting over them
a general colonial administration. He accordingly

314 THE GOVERNMENTAL HISTORY OF
Part II. new England.

Sir Ed- commissioned Sir Edmond Andros, as captain-general
dros'ap-n" an^ vice-admiral, &c, empowering him with the assist-
pointment ance of a council appointed by the crown, to rule over
tothegov- , n , rr .. » .,¦ .
emment 0f them, and to make ordinances tor their government.
Und EnS" ^n Pursuance of this commission Andros proceeded to .
Boston and proclaimed the overthrow of all the New
Sir Ed- England charters. He arrived in Hartford on the
Conn ta thirty-first day of October, with a part of his coun-
1687.' cil and a military escort. He immediately caused
proclamation to be made that the government of Con
necticut was dissolved. On the twentieth of November
He enters he entered the place where the general assembly was
WyanTae-tnen m sesSi°n) and demanded a surrender of their
mauds the patent from the crown. The assembly treated him
ffir'recep- witn a11 outward respect ; a passing to and fro in the
tion. house, the governor and assistants conferring together,
and a general stir among the delegates, gave the ap
pearance of preparation to comply with his demand,
while it protracted the session into the evening, when
the chamber was lighted up as if for further consulta
tion. At length the house seemed to have come to a
The char- <iecision, and the committee to whom the charter had
brought been entrusted for safe-keeping, were called unon to
mto the , . .... -r, -,,..,
assembly, bring lt into court, lt was brought m, inclosed in a
long black box, under a lock and key. The secretary
took the charter from the box and held it up before the
assembly, when the governor directed him to replace
it in the box, and to lay it on the table, and to leave the
* 1 Hollis- hey in the box, which he did forthwith.* The lights
ConnHp *' were tnen extinguished, and Sir Edmond and his new
315, note, subjects sat in darkness and silence together. While
The char- they were thus employed the charter passed from among
pears!*1*" *nem aim found a resting place in the trunk of an oak
tree in the suburbs of the town, which has been ever
since known and venerated as the Charter ,Oak. Wheri
the candles were relighted the box and its contents
were nowhere to be found. How it went, and whither
it had gone, was a matter of profound mystery to all.
Sir Edmond Andros ruled over New England until

THE UNITED STATES OF AMERICA. 315
THE COLONY OF CONNECTICUT. PART II.
the revolution of 1688, in England. His administra
tion was of the most arbitrary character, and signal
ized by frequent acts of high-handed oppression. In
this, however, he but followed the will and the exam
ple of his sovereign master, James II. The one in
England and the other in America were the embodi
ment of the same reckless spirit of tyranny and usur
pation. The revolution which closed the mad career
of the king in the parent state, terminated also the ex
altation of his captain-general and vice-admiral in the On the ac-
colonies in America. When James fled from his capi- wmiam
tol and abandoned his throne, the commission and the and Mar7-
power of Andros expired, and ceased to be respected
in New England. On the accession of William and
Mary he was deposed and the colonies resumed the ex
ercise of all the rights and powers which they had
enjoyed under their respective charters.
The constitutional code adopted by the colony of Con
necticut was derived chiefly from the Mosaic Institutes,
and declared those offences penal which were so declared
in the Bible. It enjoined upon her officers and magis
trates a regular attendance upon public worship, was
rigorous in enforcing the observance of moral and re
ligious obligations, and punished delinquencies with
the severest penalties.
From this period onward the progress of the col- Character
ony was not marked by any fundamental changes in pje l^e
her government or institutions material to be ob-lawa-
served until we come to the more general govern
mental history of the colonies, which forms part third
of this work. Connecticut was less disturbed by those
divisions and conflicts about faith and forms of wor
ship, and remained more equably, pure and true to the
original principles of her puritan ancestry than any
other of the New England colonies. Even at this dis
tant day we may trace the beneficial results of what
have been termed her "bigoted enactments." The
were like the early discipline of a child in the faith

316 THE GOVERNMENTAL HISTORY OP
Part II. new England.
ofTieCpeo- anc* PrecePts °f religion and virtue. They stamp their
pie and impression upon the heart, and manhood with the wis-
Connecti- ^oni bought by experience and reflection, only removes
cut. whatever of error, superstition, or bigotry, may have
accompanied their early inculcation, while the vital
principle itself remains to preserve from vice and infa*
my. Just so has it been with the protestant influences
set in operation by the puritans in Connecticut : Nor
is tliere any portion of our now extended territory
where the religious virtues have so powerful an ascend
ancy ; or where the moral character is developed in
more beauteous and attractive proportions ; or where
we can mark so little deviation from the principles and
practical piety of our pilgrim fathers. Here the good
seed sown by them seems to have fallen on its most
genial soil. The errors, superstitions, and intolerance,
which necessarily accompanied their early and not well
instructed, because persecuted zeal, have gradually
faded away before the progress of education and refine
ment, and she retains only the simplicity and sincerity
of their devotion, the steadfastness of their faith, and,
running through all her institutions, the purity and
integrity of their principles. Her political fabric is the
least complicated of republican forms, and her govern
ment is the most purely democratic in the world.

The Colony op Ehode Island.
Origin of In the year 1631, Koger Williams, of Salem, in the
the colony. C(Uony of Massachusetts Bay, promulgated substan
tially the following sentiments — that all persons who
had held communion with the church of England
should openly confess their error ; that saints ought
Tenets of not to hold communion with sinners either in worship
^°serWU-or oatn . tnat ^ wag uniawmi for regenerate persons to
Salem. pray with those who were not, even though wife and
childreii ; that the civil magistrate ought not to inter
fere in matters of religious faith and practice ; that
thanks ought not to be given after the sacrament nor

THE UNITED STATES OP AMERICA. 317
THE COLONY OB' RHODE ISLAND. PART II.
after meat ; that intoleration is persecution ; and that
the patent of the king disposing of the lands belonging
to the Indians was void. In June, 1635, Mr. Williams He is sum-
was summoned to appear before the general court of m°n(^j be"
Massachusetts Bay, then in session at Boston, to answer general
to charges made against him " for these his divers dan- cour *
gerous opinions." It seems that he had been called to
the office of elder in the church at Salem, after the people
had been formally advised of his errors : On his appear
ance before the general court, " much debate was about
these things. The said opinions were adjudged by ali,
magistrates and ministers, (who were desired to be
present,) to be erroneous and dangerous, and the call
ing of him to office at that time was judged a great His hear-
contempt of authority. So, in fine, there was given to ^f cou°k
him and the church at Salem, to consider of these
things till the next general court, and then either to
give satisfaction to the court, or else to expect sen
tence. It being professedly declared by the ministers,
(at the request of the court to give their advice,) that
he who should obstinately maintain such opinions,
(whereby the church might run into heresy, apostacy,
or tyranny, and yet the civil magistrate could not inter- * win-
meddle,) was to be removed, and that the other ^p'^
churches ought to request the magistrates to do so."*
Whatever may be thought of the proceedings of the Action of
general court in the premises, it must be conceded the court¦
that they gave the accused the benefit of an ample
hearing, and a free and open discussion, and were not
hasty in their judgment, the matter having been various
ly considered from 1631 to this time : This he could not
have received in the parent state. The fact deserves to
be noted as one of the phases in which the elements of po
litical and religious liberty were at this time being pro
gressively developed in America. In September of the
same year Mr. Williams "was again convented, and all
the ministers in the Bay being desired to be present, he
was charged with two letters, one to the churches com-

318 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Origin of plaining of the magistrates for injustice, extreme op-
the colony. pression, &c. ; and the other to his own church to per
suade them to renounce communion with all the
churches in the Bay as full of anti-christ, pollution, &c.
He justified both of these letters, and maintained all
his opinions, and being offered a further conference or
disputation, and a month's respite, he chose to dispute
Mr. Wd- presently : So Mr. Hooker was appointed to dispute
putes with with him, but could not seduce him from any of his
er 163°5. * errors- So the next morning the court sentenced him
to depart out of the jurisdiction within six weeks ; all
tenced into the ministers save one approving the sentence. His
banish- 0wn church had him also under question for the same
ment. . 7L
cause, and he, on his return home, refused communion
Is dis- with his own church, who openly disclaimed his errors
his own and wrote an humble submission to the magistrates,
church. acknowledging their fault in joining with Mr. Wilhams
*Wm- in that letter to the churches against them."*
throps • °
journal. The sentence pronounced by the general court was
in these words:
Sentence " Whereas, Mr. Roger Williams, one of the elders of
General the church of Salem, hath broached and dyvulged
Court of dyvers newe and dangerous opinions against the author-
' itie "of magistrates, as also writ letters of defamacion,
both of the magistrates and churches here, and that
before any conviction, and yet mainetaineth the same
without retraccion, it is therefore ordered, that the said
Mr. Williams shall departe out of this jurisdiction with
in six weekes nowe next ensueinge ; which if he neglect
to perform, it shall be lawfull for the governour and two
of the magistrates to send him to some place out of this
Records of jurisdiction , not to return any more without licence
Mass., 160. from the court." f
Mr. Williams for a while disregarded this sentence.
On the eleventh of January following the general court
of Massachusetts Bay resolved to send him to England,
but the officers sent to Salem to apprehend him and

THE UNITED STATES OF AMERICA. 319
THE COLONY OF RHODE ISLAND. PART II.
convey him on board of the ship, found that he had Origin of
departed thence three days before their arrival. * e 00 ony"
Roger Williams was no ordinary character, and it is
apparent from the conspicuous attention given to his
opinions by the general court of Massachusetts Bay, ¦v^a"mg_
that he was a man of extraordinary power and influ
ence. His earnest piety and unquestioned sincerity
were combined with scholarly attainments, an imposing
personal presence, and a power in debate and an elo
quence in discourse which were singularly attractive.
It added much to his prominence and distinction that
even "so learned and eloquent a divine as Thomas
Hooker," was not able to foil him in a controversial argu
ment. Of his peculiar religious notions I do not care The politi-
to speak particularly. He commends himself to our ^^ "em_
notice as the powerful advocate of two essential politi- bodied in
cal elements in the protestantism of the puritans which
were at this time, as I have elsewhere observed, strug
gling into active development, both in England and
America. These were, the separation of the civil and
ecclesiastical power in the state, and freedom of reli
gious opinion in the subject. To these we might add,
that nice sense of right wliich respected the proprietor
ship of the Indians in the soil.
Such was his position and such the man who in the
full vigor of life, for his liberal views, had been pro
scribed in his native land, and now stood upon the
threshold of the home of his exile, looking out upon Departure
the wilderness into which, for the same reason, he had wiMams
been banished. There was something peculiarly char- from Mass.
acteristic and patriarchal in the manner in which he ar7'i636. *
went forth "not knowing whither he went." Wander
ing to the southward as far as the ocean, he came
ainong the Narragansett tribe of Indians. Cultivating
a friendly disposition with them and treating them as
the owners of the soil, he was admitted as a guest into
their wigwaps, entertained with kindness and attention
for nearly three months by their sachems, and permit-

320 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Origin of ted to traverse the country without molestation. Thus
ony'he passed several months "sorely tossed," as he says,
" for fourteen weeks in a bitter winter season." On the
opening of the spring he obtained a grant of land from
one of the chiefs, near the northern extremity of the
* Wilson's Narragansett Bay, at a place called Seekonk,* where
he planted himself and prepared to make a permanent
settlement.
Influence Meanwhile the church of Salem was still infested
hams' opin- ^th Mr. Williams' opinions, " so as most of them held
ions in jt unlawful to hear in the ordinary assemblies of Eng
land, because tlieir foundation is anti-christian ; and
we should, by hearing, hold communion with them:
and some went so far as they were ready to separate
from the church upon it. Whereupon the church sent
two brethren and a letter to the elders of the other
churches for their advice in three points.
"1. Whether, for satisfying the weak, they might
promise not to hear in any false church ? This was not
thought safe, because then they should draw them to
the like towards the other churches here, who were all
of opinion that it was lawful, and that hearing was not
holding communion.
" 2. If they were not better, to grant them dismission
Action to be a church by themselves ? This was also opposed
ence to **' for that it was not a remedy of God's ordering ; neither
those hold- WOuld the magistrates allow them to be a church, being
ing them. ° _ . , ,¦-,-. -,
but three men and eight women; besides, it were dan
gerous to raise churches on such grounds.
" 3 . Whether they ought then to excommunicate them
if they did withdraw? This was granted; yet withal,
that if they did not withdraw or run into contempt,
they ought in these matters of difference of opinion in
*Win- things -not fundamental nor scandalous, &c, to bear
throp's ° '
Journal, each with other. *
Here we may observe, in passing, is another indica
tion of the development of protestant freedom, soften-

THE UNITED STATES OF AMERICA.- 321

THE COLONY OF RHODE ISLAND. PART II.
ing down the asperities of religious strife, and produc- Origin of
ing the better fruits of forbearance and charity. * e co ony"
Those who were made the subjects of this action of
"the elders and brethren" withdrew themselves from
the church at Salem and joined Mr. Williams at See- They join
konk. They had hardly begun to arrange and lay out iiarm3 at*
their settlement, when governor Winslow, of New Piym- Seekonk,
outh, notified Mr. Williams that he was within the juris
diction of that colony, and advised him to remove
beyond its limits. In a letter written to Major Mason,
bearing date at Providence,, July twenty-second, 1670, in
referring to this period, he says :
( " I first pitched and began to build and plant at See^- Notified to
konk, now Behoboth, but I received, a letter from my^t ee"
ancient friend, Mr. Winslow, then governor of Plym
outh, professing his own and others' love and respect
to me, yet lovingly advising me, since I was fallen into
the edge of tlieir bounds, and they were loth to dis
please the Bav, to remove to the other side of the water,
. * l. Col.
and then, he said, I had the country free before me, Records'
and might be as free as themselves, and we should be K- L> 13-
loving neighbors together."*
Accordingly, in the month of June, he and his asso- His remov-
ciates, five in number, embarked in an Indian canoe al"
upon the bosom of the Narragansett Bay, and rowed
along its shore till they came to an Indian settlement
called Mosshassnck, where they landed. Mr. Williams
was not unknown to the natives, and was received with
marked demonstrations of friendship. They made him
generous offers of accommodation and permitted him
to roam freely over their territory.* Finding a spot * Wilson's
suitable for his purposes, he purchased a title to the u- s-
land of an Indian chief, and made arrangements to
plant a settlement. In a spirit of thankful acknowl
edgment for past mercies, and confident trust that God Planting
had guided his wandering, footsteps, he called it Provi- dence!""
dence. There was certainly something peculiarly character-
21

322 . THE GOVERNMENTAL HISTORY OF
Part II. new England. ,
Origin of istic, expressive, and appropriate, in this designation of
t ecoony. ^.g piantation) m connection with all the circumstances
we have narrated, of his banishment, his perilous and
lonely pilgrimage through the wilderness into which he
was driven, and his hazardous and unprotected entrance
Settlement among the fierce Narragansett tribes. It was also a
dence°Y1* ^fitting name to give to a settlement which was the
first in AmCrica to witness the establishment of a gov
ernment in which the ecclesiastic ruled only in the
church, the civil magistrate only in the state, and God
alone over the consciences of men. Which was the
first also to demonstrate to mankind that the harmoni
ous administration of government, and obedience to
the laws, were compatible with any variety of discord-
Political ant opinions in matters of religion. All that was re-
tatiraln-'" Paired of those who came into Mr. Williams' planta-
yolved in tion at this early period was, that they should submit
ment. C" to all laws passed by the majority of the inhabitants,
provided they did not affect the conscience. The asso
ciation was a pure democracy. Mr. Williams was its
founder and director, and yet he claimed no peculiar
power, or prominence, or prerogatives ; while he freely
conveyed to settlers portions of the territory which he
had originally purchased for himself; and of which
• i Col. ne said m 1656, " thev were mine owne as truly as any
Records of ' \ . J
R. I., 351. man s coat upon his back.
The open- The planting of Rhode Island was a new era in the
neVera in progress of protestant freedom, and disclosed new fea-
New Eng- tures in political and social organization ; it opened a
new home even in America to all who wished to avoid,
or escape" from, the conflicts generated by those differ
ences of opinion in matters of religion which had ob
tained in the elder colonies, and which had already dis
persed the people and swelled the number of independ
ent plantations in New England. The opinions of Roger
j(rg Williams, as we have seen, were not forgotten or with-
Hutchin- 0ut their effect, even after his banishment.
errors. In the month of October, 1636,the famous Mrs. Hutch-

THE UNITED STATES OF AMERICA. 328'
THE COLONY OF RHODE ISLAND. PART II.
inson, " a member of the church of Boston, a woman of Origin of
. • • -ii i_ j the colony.
ready wit and bold spirit, brought over with her two dan
gerous errors. 1. Tliat the person of the Holy Ghost
dwells in a justified person. 2. Tliat no sanctification
can help to evidence to us our justification. There joined Mrs.
with her in these opinions a brother of hers, one Mr. Bon anei
Wheelright, a silenced minister some time in England, J^eneral
The matter was brought before the general court, and the Massachu-
ministers of the Bay hearing of these things came to ^0T_ ^^
Boston at the time of the general court, and entered
into a private conference with them to know the cer
tainty of these things ; that if need were they might
write to the church of Boston about them, to prevent,
if it were possible, the danger which seemed hereby to "Win-
hang over that and the rest of the churches."* journal.
This conference haying satisfied Mr. Cotton, no action
was taken in the matter by the general court, although it
gave rise to a good deal of controversy and discussion
among the members. Mrs. Hutchinson was permitted
to go free and to promulgate her " dangerous errors,"
and to multiply converts to her peculiar faith. The
next year she started what was called the " antinomian Further
heresy," maintaining " that faith without works would "fe^ors"
secure salvation ; " and she also commenced preaching. Hutchin-
In November " the general court sent for Mrs. Hutch- Bon' 1637'
inson, and charged her with divers matters, as her
keeping two public lectures every week in her house
whereto sixty or eighty persons did usually resort ; and
for reproaching most of the ministers, viz., all except
Mr. Cotton, for not preaching a covenant of free grace,
and that they had not the seal of the spirit, nor were Action of
able ministers of the New Testament, which were the gJeDeral
' court.
already proved against her ; though she sought to shift
it off, and after many speeches to and fro at last she was
so full as she could not contain but vented her revela
tions, amongst which this was one — That she had it
revealed to her that she should come into New Eng
land, and should here be presented, and that God would

324

THE GOVERNMENTAL HISTORY OP

Part II.

NEW ENGLAND.

Origin of
the colony,
Sentence
againstMrs. Hutchin
son.

*Win-
throp's Journal.
Furtherproceedings
againsther.

f 1 Mass.
Col. Rec,
226.
She goes
to Provi
dence.

Settlementof Ports
mouth and
Newport, 1638-39.
See Wil
son's U. S.

ruin us and our posterity and the whole state for the
same. — So the court proceeded and banished her ; but
because it was winter they committed her to a private
house in Roxbury, where she was well provided, and
her own friends and the elders permitted to go to her,
but none else." She was afterwards again called and
examined upon a charge that she " persisted in main
taining those gross errors before mentioned, and many
others to the number of thirty or thereabout — these
were clearly confuted, but yet she held her error, so as
the church, all but her two sons, agreed she should be
admonished, and because her sons would not agree to
it they were admonished also."*
Upon these proceedings on the part of the church the
sentence of banishment was revived in the general court,
and in the spring of the year 1638,>March twelfth, it was
" ordered that,she shall be gone by the last of this month,
and if she be not gone before, she is to be sent away by
the council without delay, by the first opportunity ; and
for the charges of keeping her at Roxbury, order is
given to levy it by distress of her husband's goods." |
With her husband and two sons, and a large number
of followers, Mrs. Hutchinson proceeded to Providence,
where they were kindly received by Roger Williams.
At about the same time Mr. William Coddington and
some eighteen others were compelled to leave Massa
chusetts Bay on account of their religious opinions.
They also proceeded to the country of the Narragan-
setts and laid the foundation of Portsmouth. Others
still followed in the succeeding year and planted
Newport. These three plantations subsequently united
under the same compact, purchased the whole island
of the Indians, and soon became the seat of a prosper
ous and thriving colony.
The earliest and most serious source of embarrass
ment experienced by the people of these plantations
originated in the tenure by which they held their title
to the soil. Being derived entirely from the Indians, it

THE UNITED STATES OP AMERICA. 325
THE COLONY OP RHODE ISLAND. PART II.
 *  
was insufficient ;to protect them from the claims and Embar-
encroachments made by their more fortunate neigh- ™™eBto
hours, who boasted of their patents directly from the colony.
crown ; or of a title derived under a grant from some
of the royal patentees. Feeling the necessity and im
portance of a higher claim to the territory, in order
to establish a jurisdiction in and over its settlements
which might be respected by the older colonies, they N
sent Roger Williams to procure a patent. He arrived Roger Wil-
in England soon after the civil commotions which now t0 England
agitated the kingdom had given parliament the ascend- t0 procure
o* incite nt#
,ency in the government ; when Charles I., becom
ing involved in a fearful controversy with the factions
which guided and controlled its deliberations, was ban-* Hume,
ished from his capitol.* These circumstances operated 2 Bartlett's
favorably upon the mission of Mr. Williams : He pre- Colonial
ferred his petition to parliament, and succeeded so well
that on the second day of November, the Lords and
Commons in parliament assembled, passed an ordinance
appointing Robert, earl of Warwick, "Governor inThesuc-
ehief and lord high admiral of all those islands and^3.^1"3
plantations inhabited, planted, or "belonging to any of
his majesty's subjects, within the bounds and upon the
coast of America ; " which ordinance was as follows,
viz: " Whereas many thousands of the natives and good OrdinanceOT T)A.1*11A."
subjects of this kingdom of England, through the op- ment ap-
pression of the prelates and other ill-affected ministers, R°int:nf t
and officers of state, have of late years been enforced Warwick
to transplant themselves and their families into several ff ^^"J,
islands and other remote and desolate parts of the West parts of
Indies ; and having there tlirough exceeding great 1642. '
labour and industry, (with the blessing of God) ob
tained for themselves and their families some compe
tent and convenient means of maintenance and sub
sistence, so that they are now in a reasonable and set
tled condition : But fearing least the outrageous mal
ice of papists and other ill-affected persons should reach

326 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Ordinance unto them in their poor and low (but as yet peaceable)
mentaalm" condition, and having been informed, 'that there hath
pointing been lately procured from his majesty, several grants
Warwick under the great seal for erecting some new governours
gov'r of an(j commanders amongst the said planters in their
parts of afore-mentioned plantations ; whereupon the said plant-
NoTsT' ers) adventurers, and owners of land in the said foreign
1642. plantations, have preferred their petition unto this
present parliament, that, for the better securing of
them, and their present estates there obtained through
so much extreme labour and difficulty, they might
have some such governour and governments, as should,
be approved of and confirmed by the authority of both
houses of parliament.
•Petition « Which petition* of theirs, the Lords and Commons
of Roger r J ' ,
Williams, have taken into consideration ; and finding it of great
importance, both to the safety and preservation of the
aforesaid natives and subjects of this kingdom, as well
from all foreign invasions and oppressions, as from
their own intestine destractions and disturbances, as
also much tending to the honor and advantage of his
majesty's, dominions," have thought fit, and do hereby
constitute and ordain Robert, Earl of Warwick, gov
ernor in chief, and Lord high-admiral, of all those
islands, and other plantations, inhabited, planted, or
belonging to any his majesty's the king of England's
subjects; or wliich hereafter may be inhabited,
planted, or belonging to them, within the bounds and
upon the coasts of America.
Council of "And for the more effectual, speedier, and easier
^S8t^*ants transaction of this so weighty and important a busi-
govemor. ness, which concerns the well-being and preservation
of so many of the distressed natives of this, and other
his majesty's dominions, the Lords and Commons have
thought fit that Philip, earl of Pembroke ; Edward,
earl of Manchester ; William, viscount Sey and Seale ;
Philip, Lord Wharton ; John, Lord Roberts, members
of the house of Peers ; Sir Gilbert Gerard, knight and

THE UNITED STATES OP AMERICA. 327
THE COLONY OF RHODE ISLAND. PART II.
baronet ; Sir Arthur Hazlerig, baronet ; Sir Henry Commis-
Vane, Jr., knight; Sir Benjamin Rudyer, knight ; ^"^
John'' Pym; Oliver Cromwell; Dennis Bond; Miles to the
Corbet; Cornelius Holland; Samuel Vassal; John Warwick
RoUes ; and William Spenstowe, Esqs., members of the ^n0dv°*er9'
House of Commons, shall be commissioners to join in 1642. '
aid and assistance with the said Earl of Warwick,
chief governor and admiral of the said plantations ;
" Which chief governour, together with the said com- powers of
missioners, or any four of them, shall hereby have | ^Ie™°£.
power and authority to provide for, order and dispose, cil.
all things which they shall from time to time find most
fit and advantageous to the well-governing, securing,
strengthening, and preserving of the said plantations ;
and chiefly to the preservation and advancement of To secure
the true protestant religion among the said planters, *e^P™ a*
inhabitants; and the further enlargement and spread- ant Chris-
ing of the gospel of Christ amongst those that yet iam y'
remain there, in great and miserable blindness and
. ignorance. "And for the better advancement of this so great Power of
a work, it is hereby further ordained, by the said Lords *^e g0T"d
and Commons, that the aforesaid governour and com-commis-
missioners shall hereby have power and authority, S10ners-
upon all weighty and important occasions, which may
concern the good and safety of the aforesaid planters,
owners of land, or inhabitants of the said islands and
plantations, which shall there be within twenty miles
of the place where the said commissioners shall then
be; and shall have power and authority to send for, May send
view and make use of, all such records, books and £°XLne™S
papers, which do or may concern any of the said plant
ations. "And because the well settling and establishing of
such officers and governours, as shall be laborious and
faithful in the right governing of 'all such persons as
be resident in or upon the said plantations, and due
ordering and disposing of all such affairs as concern

328 THE GOVERNMENTAL HISTORY OP
Part II. new England.
Commit-- the safety and welfare of the same, is of very great
iiamenfar" advantage to the public good of all such remote and
to the new plantations, it is hereby further ordained and de-
Warwick creed, that the said Robert, Earl of Warwick, governor
and others, jn chief and admiral of the said plantations, together
1642. ' with the aforesaid commissioners, ***** 0r the
Power to greater number of them, shall have power and author-
colonial ity, from time to time, to nominate, and appoint, and
governors constitute all such subordinate governours, councellors,
officers, commanders, officers and agents, as they shall judge to
be best affected, and most fit and serviceable for the
said islands and plantations ; and shall hereby have
power and authority, upon the death or avoidance of
To fill va- the aforesaid chief governor and admiral, or any the
theirOTn other commissioners before named, from time to time,
bod7' to nominate and appoint such other chief governour
and admiral, or commissioners, in the place or room
of such as shall so become void.
To remove "And shall also hereby have power and authority to
°ffi0nial& remove any of the said subordinate governours, coun
cellors, commanders, officers, or agents, wliich are, or
shall be appointed to govern, counsel or negotiate the
public affairs of the said plantations; and in their place
and room to appoint such other officers as they shall
judge fit. And it is hereby ordained that no subordin
ate governours, councellors, commanders, officers,
agents, planters, or inhabitants whatsoever, that are
now resident in, or upon, the same islands or planta-
Jto other tions, shall admit or receive any other new governours,
fr officers councellors, commanders, officers, or agents, whatso-
tobere- ever? but such as shall be allowed and approved of
thTcoio-7 under the hands and seals of the aforementioned com-
nies- missioners, or any six of them, or under the hands
and seals of such as shall authorize thereunto.
May assign "And whereas, for the better government and secu-
thority1" "ty °f tne sa^ plantations and islands, and the owners
and inhabitants thereof, there may be just and fit occa
sion to assign over some part of the power and author-

THE UNITED STATES OP AMERICA. 329
THE COLONY OF RHODE ISLAND. PART II.
ity (granted in this ordinance to the chief governour Commis-
and commissioners aforenamed) unto the said owners, i^ent^*
inhabitants, or others ; it is hereby ordained, that the to the
said chief governour and commissioners mentioned, or Warwick
the greater number of them, shall hereby be author- ^dot^era'
ized to assign, ratify, and confirm so much of their 1642. '
aforementioned authority and power, and in such
manner and to such persons as they shall judge fit, for
the better governing and preservation of the said
plantations and islands, from open violence and private
disturbance and distractions.
"And lastly, that whosoever shall do, execute, or*iHaz-
yield obedience to, anything contained in this ordi-p^g'**6
nance, shall, by virtue hereof, be saved harmless and 353.
indemnified."*

This ordinance originated in the application of Roger Roger wa-
Williams for a patent for the colony of Rhode Island, goMations
and is another proof of the extraordinary character for tne
and influence of the man. Referring to this period in 1638-43.
a letter to Major Mason in 1661, he says — "considering
[upon frequent exceptions against Providence men]
that we had no authority for civil government, I went
purposely to England, and upon my report and petition
the parliament granted us a charter of government for
these parts, so judged vacant on all hands : And upon
this the country about us was more friendly, and wrote 1 1 Bart-
to us, and treated us as an authorized colony, only the J?44'8 Colo.
difference of our conscience much obstructed."! 458.
How far, if at all, this ordinance of parliament . sub
sequently affected the other New England colonies, it
may be material to enquire more carefully hereafter,
but it referred more particularly to Rhode Island. We
have already had occasion to observe that there was
really no essential interference in New England after
this date, either by parliament or by Cromwell, during
the years intervening the suspension and the restora
tion of the royal power in the mother country. This

330 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Roger Wil- ordinance itself shows that the Lords and Commons
tiates fof°a" ka<l no idea at this time of the vast continental capaci-
patent, ties and resources of the new world, and that they
were rather indifferently concerned about its govern
ment. It is apparent also that any such system of
colonial administration as was therein devised, if made
general and persisted in, would have been productive
only of embarrassment in both countries, while it could
not promote the more material interests of either. Yet
it is well to remark that the very condition of things
in England which favored the adoption of the ordi
nance, was also favorable to the independent growth
of the colonies already established in New England,
and peculiarly so to the mission of Roger Williams.
Charter of Hence he found no difficulty in obtaining a patent or
tion°^ssued charter for the incorporation of The Providence Plant-
. March 14, ATIONS IN THE MASSACHUSETTS BAY IN NEW ENGLAND,
1643. '
as follows, viz. :
"Whereas, by an ordinance of the Lords and Com
mons, now assembled in parliament, bearing date the
second day of November, Anno Domini 1642, Robert,
Recital of earl of Warwick, is constituted and ordained governour -
the ordi- in_cnief and iord high-admiral of all those islands and
nance to ...
the earl of other plantations inhabited or planted by, or belonging
arwic ' to, any of his majesty the king of England's subjects (or
which hereafter may be inhabited and planted by, or
belonging to them) within the bounds and upon the
coasts of America: and whereas the said lords have
thought fit and thereby ordained that Philip, earl of
Pembroke, &c, (naming the same persons named in the
ordinance) should be commissioners, to join in aid and
Cites pow- assistance with the said earl ; and whereas for the bet-
ern°r gnd' *er g°vernment and defence, it is thereby ordained, that
commis- the aforesaid governour and commissioners, or the
sioners. greater number of them, shall have power and author
ity, from time to time, to nominate, appoint, and consti
tute all such subordinate governours, counsellors, com
manders, officers, and agents, as they shall judge to be

THE UNITED STATES OF AMERICA. 331
THE COLONY OE RHODE ISLAND. PART II.
best affected, and most fit and serviceable for the said Patent of
islands and plantations ; and to provide for, order and "K=°rPora-
r ' r ' tion issued
dispose all things, wliich they shall, from time to time, March 14,
find most advantageous for the said plantations, and
for the better security of the towns and inhabitants
thereof; to assign, ratify, and confirm, so much of their
aforementioned authority and power, and in such
manner, and to such persons as they shall judge to be
fit, for the better governing and preserving of the
said plantations and islands, from open violences and
private disturbances and distractions. "And whereas Location '
there is a tract of land in the continent of America *° dt^™lta
aforesaid called by the name of the Narragansett Bay, pianta-
bordering northward and north-east on the patent of
the Massachusetts ; east and south-east on Plymouth
patent ; south on the ocean ; and on the west and
north-west by the Indians called Na-hig-gan-ne-ucks,
alias Narragan setts ; the whole tract extending about
twenty-five English miles unto the Pequot river and
country :
" And whereas divers well affected and industrious Induce-
English inhabitants, of the towns of Providence, Ports- ^"mtait
mouth, and Newport, in the tract aforesaid, have ad
ventured to make a nearer neighborhood and society
with the great body of the Narragansetts, which may
in time by the blessing of God upon their endeavors,
lay a sure foundation of happiness to all America ; and
have also purchased, and are purchasing of and amongst
the said natives, some other places, wliich may be con
venient both for plantation, and also for building of
ships, supply of pipe staves, and other merchandize ;
"And whereas the said English have represented their The appli-
desire to the said earl, and commissioners, to have their c^°a
hopeful beginnings approved and confirmed, by grant
ing unto them a free charter of civil incorporation and
government; that they may order and govern their
plantation in such a manner as to maintain justice and
peace, both among themselves, and towards all men

332 THE GOVERNMENTAL history op
Part II. new England.
Patent of with whom they shall have to do. In due consideration
tioTfssutd °f t,ie said premises, the said Robert, Earl of Warwick,
March 14, governor-in-chief, and lord high-admiral of the said
plantations, and the greater number of the said com
missioners, whose names and seals are hereunder writ
ten and subjoined, out of a desire to encourage the
good beginnings of the said planters, do, by the au
thority of the aforesaid ordinance of the lords and
The grant, commons, give, grant and confirm, to the aforesaid in
habitants of the towns of Providence, Portsmouth, and
Newport, a free and absolute charter of incorporation
Name of to be known by the name of The Incorporation of
thecorpo- pROviDENCE PLANTATIONS IN THE NARRAGANSETT BAY,
ration, _ '
New- England — together with full power and authority
to rule themselves, and such others as shall hereafter
inhabit within any part of the said tract of land, by
such a form of civil government as by voluntary consent
qf all, or the greater part of them, they shall find most
suitable to their estate and condition ; and, for that
Powers of end, to make and ordain such civil laws and constitu
te corpo- ^foiis, and to inflict such punishments upon transgres
sors ; and for execution thereof so to place, and dis
place officers of justice, as they, or the greatest part of
them, shall by free consent agree unto.
Proviso. "Provided nevertheless that the said laws, constitutions
and punishments, for the civil government of the said
plantations, be conformable to the laws of England, so
far as the nature and constitution of the place will
Reserva- admit. And always reserving to the said earl and corn-
powers to nrissioners, and their successors, power and authority
the earl, so to dispose the general government of that, as it
stands in relation to the rest of the plantations in
America ; as they shall conceive from time to time,
most conducing to the general good of the said planta
tions, the honor of his majesty, and the service of the
state. And the said earl, and commissioners, do fur^
ther authorize, that the aforesaid inhabitants, for -the
better transacting of their public affairs do make and

THE UNITED STATES OF AMERICA. 833
THE COLONY OF RHODE ISLAND. PART II.
use a public seal as the known seal of Providence Colony au-
Plantations in the Narragansett Bay, in New England, l^tt* ^
"In testimony whereof, the said Robert, Earl of War-comni°R
wick, and commissioners, have hereunto set tlieir hands
and seals the fourteenth day of March, in the nine
teenth year of the reign of our Sovereign lord, king
Charles, and in the year of our Lord God, 1643.
Robert, Warwick, H. Vane,
Philip, Pembroke, Sam. Vassel,
Sey and Seal, John Rolle,
P. Wharton, Miles Corbet, „ x Haz_
Arthur Haslering, W. Spurstow." ard's state
Cor. Holland* 63a8pers'
There are principles of hberty embodied in the pra-p0i;t!cai
visions of this charter, which it is important to observe elements
, • i j? i developed
in connection with what we have elsewhere said of the in this
development of the political elements embraced in the charter-
protestantism of the puritans. It makes Rhode Island
a corporation independently of the crown. It places
the source of all power in the people inhabiting in the
colony. It gives them full freedom to choose their own
system of . government, administration, and laws, to
elect tlieir own chief officers and other magistrates by
their own free suffrages, and concedes that principle in
government which gives absolute control to the will of
the majority. In a word, it recognizes fully the idea of
a free republican government based on the principle of
sovereignty in the people.
A convention composed of the several plantations Organiza-
of Providence, Newport, Portsmouth, and Warwick, tJ1°eI1c^teerr
convened at Portsmouth in May, 1647, and organized from the
the government of the colony more formally under the Warwick,
provisions of this ordinance, though it was not mate-May> 164?-
rially varied from what it had already been. The system of
general powers of the corporation were vested in aard™™'
president and four assistants, a general recorder, and
treasurer. They also constituted a general court for

334

THE GOVERNMENTAL HISTORY OF

Part II.

NEW ENGLAND.

Organiza
tion under
the charter
from the
Earl of
Warwick,May, 1647.

* 1 Bart
lett's Col.
Records, 149, 150.

Preamble.

Mutualguarantee.

the administration of justice, with original and appel
late jurisdiction. The legislative power was vested in
the same magistrates jointly with a court of commis
sioners, or deputies, consisting of persons chosen by
the freemen of the several towns then in existence,
two from each. Each township choosing a council of
six magistrates for the regulation of its local interests,
and for hearing minor controversies. A general court
of election to be held annually " upon the first Tuesday
after the fifteenth of May, if wind and weather hinder
not. The general court of trial immediately to
succeed upon dissolving of the said general court, viz.,
the next day-." The voting at the general election to
be by ballot, and "as many as may be necessarily
detained that they cannot come to the general court
of election, that then they shall send their votes sealed
up unto the said court, which shall be as effectual as
their personal appearance."*
After making provision for the general administra
tion of the colonial government, they proceeded to the
enactment of certain general declarations, as follows,
the orthography being changed, viz. :
"Forasmuch as we have received from our noble
lords and honored governours, and that by virtue of an
ordinance of the parliament of England, a free and
absolute charter of civil incorporation, &c, We do
jointly agree to' incorporate ourselves, and so to remain
a body politic by the authority thereof, and therefore
do declare to own ourselves and one another, to be
members of the same body, and to have right to the
freedom and privileges thereof, by subscribing our
names to these words following, viz. :
" We, whose names are here underwritten, do engage
ourselves, to the utmost of our estates and strength, to
maintain the authority, and to enjoy the liberty, granted
to us by our charter, in the extent of it according to
the letter, and to maintain each other by the same
authority, in this lawful right and liberty.

THE UNITED STATES OF AMERICA. 335
THE COLONY OV RHODE ISLAND. PART II.
"And now, since our charter gives us power toorganiza-
govern ourselves, and such other as come among us, Jh°°on1^er
by such a form of civil government as by the voluntary from the
consent, &c, shall be found most suitable to our estate Warwick,
and condition — It is agreed by this present assembly 16i>1-
thus incorporate, and by this present act declared, that
the form of government established in Providence The gov-
Plantations is democratical ; that is to say, a govern- declared
ment held by the free and voluntary consent of all, or demo-
the greater part of the inhabitants ; And now, to the
end that we may give, each to other, (notwithstanding
our different consciences, touching the truth as it is in
Jesus, whereof, upon the point we all make mention)
as good and hopeful assurance as we are able, touching Mutual
each man's peaceable and quiet enjoyment of his lawful
right and liberty, we do agree unto, and by the author
ity above said, enact, establish, and confirm, these
orders following :
"Touching Laws. 1. That no person, in this col- None to he
ony, shall be taken or imprisoned, or be disseized of {JJ^y6
bis lands or liberties, or be exiled, or any otherwayse law.
molested or destroyed, but by the lawful judgment of
his peers, or by some known law, and according to the
letter of it, ratified and confirmed by the major part
of the general assembly lawfully met and orderly
managed. " 2. That no person shall (but at his peril) presume Public
to bear or execute any office, that is not lawfully called °
to it, and confirmed in it ; nor, though he be lawfully
called and confirmed, presume to do more or less than
those that had power to call him, or did authorize him
to do.
" 3. That no assembly shall have power to constitute Enactment
any laws for the binding of others, or to ordain officers
for the execution thereof, but such as are founded upon
the charter and rightly derived from the general as-Compenaa.
sembly, lawfully met and orderly managed. ^°.°cf
"4. That no person be employed in any service for officers.

336 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Organiza- the public administration of justice and judgment upon
tum under offenders, or between man and man, without good en-
the charter ' ' °
from the couragement and due satisfaction from the public, either
Warwick out of the common stock, or out of the stocks of those
16*7- that have occasioned his service ; that so, those that
are able to serve may not be unwilling, and those that
are able and willing may not be disabled by being over
burdened. And then, in case a man be called into
office by a lawful assembly, and refuse to bear office, or
be called by an officer to assist in the execution of his
Punish- office, and refuse to assist him, he shall forfeit as much
rXs'ingto aSain as nis wages would have amounted unto, or be
accept otherwise fined by the judgment of his peers ; and to
pay his fine or forfeiture, unless the colony or that
lawful assembly release him. But in case of eminent
danger no man shall refuse.
" And now, forasmuch as our charter gives us power
to make such laws, constitutions, penalties, and officers
of justice for the execution thereof, as we, or the
Laws tobe greater part of us, shall by free consent agree unto;
ableto1"' an<^ yet does premise that those laws, constitutions,
those of and penalties so made, shall be conformable to the
ng an ' laws of England, so far as the nature and constitution
of our place will admit, to the end that we may show
ourselves not only unwilling that our popularity should
prove (as some conjecture it will) an anarchy, and so
a common tyranny ; but willing and exceedingly de
sirous to preserve every man safe in his person, name,
and estate ; and to show ourselves, in so doing, to be
also under authority ; by keeping within the verge and
limits prescribed us in our charter, by wliich we have
authority in this respect to act :
"We do agree and by this present act determine to
make such laws and constitutions so conformable,
Ac, or rather to make those laws ours, and better
known among us ; that is to say, such of them and so
far as the nature and constitution of our place will
admit.

THE UNITED STATES OP AMERICA. 337
THE COLONY OF RHODE ISLAND. PART IL
" Touching the Common Law. — It being the common oganiza-
right among common men, and is profitable either to J^"^^^
direct or correct all, without exception ; and it being from the
true, which that great doctor of the gentiles once said, Warwick,
that the law is made or^ brought to light, not for a 16<«.
righteous man, who is a law unto himself, but for the The com-
careless and disobedient in the generali, but more par-™0"1'"^
ticularly for murderers of fathers and mothers ; for
manslayers, for whoremongers, and those that defile
themselves with mankind ; for menstealers, for liars The sub-
and perjured persons; unto which, upon the point, j!^30
may be reduced the common law of the realm of Eng
land, the end of which is as propounded, to preserve
every man safe in his own person, name, and estate :
We do agree to make, or rather bring such laws to
light, for the direction or correction of such lawless Exposi-
persons, and for their memories' sake to reduce them ^^_
to these five general laws or heads, viz. : mon law.
" 1. Under that head of murdering fathers and Murderers.
mothers, being the highest and most unnatural, are
comprehended those laws that concern high treason,
petty treason, rebelhon, misbehavior, and their acces
saries. " 2. Under the law for manslayers, are comprehended Manslay-
those laws that concern self-murder, murder, homicide, era"
misadventure, casual death, cutting out the tongue or
eyes, witchcraft, burglary, robbery, burning of houses,
forcible entries, rescues and escape, riots, routs and
unlawful assemblies, batteries, assaults and threats,
and their accessaries.
"3. Under the law for whoremongers, and those Whore-
that defile themselves with mankind, being the chief ^feif-
of that nature, are comprehended those laws that con- dealers.
cern sodomy, buggery, rape, adultery, fornication, and
their accessaries.
" 4. Under the law for men-stealers, being the chief Men-steal-
of that nature, are comprehended those laws thaters"
concern theft of men, larceny, trespass by men or
22

338 THE GOVERNMENTAL HISTORY OP

Part II.

NEW ENGLAND.

Organiza- beasts, fraudulent dealing by deceitful bargain, cove-
thTcC-ter nants, conveyances by barratry, conspiracy, champer-
E^rio*6 tie' and mamtenance> by forging or rasing records,
Warwick, writs, deeds, leases, bills, &c, and by using false
May, 1647. weights and measures, and their accessaries.
Liars, &c. "5. Under the law for liars and perjured persons,
being the chief of that nature, are comprehended such
as concern perjury itself, breach of covenant, slander,
false witness-bearing, and their accessaries.
"And as necessary concomitants hereof, to prevent
Laws for murder, theft and perjury, we do jointly agree, in this
p c " present assembly, to make or produce such laws as con
cern provision for the poor so that the impotent shall
be maintained and the able employed. And to prevent
poverty it is agreed, that such laws be made and pro
duced as concern the ordering of ale-houses and taverns,
drunkenness and unlawful games therein ; and instead
Public of such to propagate archery, which is both man-like
and profitable: And to prevent whoredom and those
evils before mentioned, it is agreed," by this present
assembly, to constitute and establish some ordinance
concerning marriage ; probate of wills, and intestates."
The Assembly immediately thereupon proceeded to
enact laws under all of these heads, and concluded
their enactments in these peculiarly characteristic and
comprehensive words — " These are the laws that con
cern all men, and these are the penalties for the trans
gression thereof, which, by common consent, are rati
fied and established throughout this whole colony:
And otherwise than thus what is herein forbidden, all
men may walk as their consciences persuade them,
every one in the name of his God. And let the saints
rftTcT"0^ tbe ^os* ^Sn walk m this colony without molesta-
niaiRcc- tion, in the name of Jehovah their God, for ever and
ordsR.1. ever#»*

its ele- Thus we have in the charter and the organization of
ments of °
freedom, the government of the small colony of the Providence

THE UNITED STATES OF AMERICA. 339
THE COLONY OF RHODE ISLAND. PART II.
plantations, and emanating from the very wilderness Organiza-
itself, the fullest elucidation of the political elements of thTcharter
freedom embraced in the protestantism of the puritans, from the
which we have yet recorded. It not only recognizes the Warwick,
right of the subject to freedom of conscience, but it also May> 1647,
insists that civil and religious liberty are correlative, co
existent, and inseparable elements in the constitution
of a just government. There is in it no recognition of
the church as a power in the state, nor is the civil admin
istration pledged to give to it any special protection,
'while a pure protestant Christianity is recognized as an
essential element of life in the body politic and social.
This charter was confirmed to the people of Rhode
Island under the Commonwealth, by Cromwell, and the
same form of government continued until after the res
toration of the monarchy in England.
The re-establishment of the monarchy under Charles
H. was regarded with different feelings in the different On the res-
American colonies. The people of the southern por-*°r^j,on
tion rejoiced on receiving intelligence of his coronation; Charles II.,
while the people in most of the New England planta
tions, and more particularly in the colony of Massachu
setts Bay, heard it if not with regret at least with appre
hension. Not so much on account of any absence of
loyalty to the regal power, as because of the danger it
seemed to forebode to their charters and their existing
forms of government. The recently dominant admin
istration, whether through leniency or weakness,
through necessity or negligence, through ignorance or'
indifference, had been less mindful of the liberties
which its subjects in America had assumed under their
charters, than it was feared might consist with the rigid
notions of sovereignty whicli were supposed to be enter
tained by a prince so recently restored to the possession
and enjoyment of his long lost kingly powers and pre
rogatives. The people of Rhode Island, as well as
Connecticut, hailed it as affording them an opportunity
to secure their own independent existence j arid to pro-

340 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Upon the tect themselves against the hostihty which they had
restoration , n . , „ ,, . . n . „
of the mon- already experienced from their sister colonies. New
archy un- Plymouth, Massachusetts Bay, Connecticut and New
der Charles J ' „
li., 1660. Haven had entered into a league for their mutual de
fence and protection from which the Providence planta
tions were excluded. "This colony never could be
Relations acknowledged for a colony till his majesty's charter was
other New published, though in the year 1643, they sent over some
England into England to procure the king's charter then, but
finding that unnatural war begun and the king gone
from London, (as we have seen,) they took a charter,
from the Lords and Commons, which was more than New
Haven did pretend to, and more than Connecticut could
* 2 Bar-t-
lett's Colo- show, yet these two were admitted by the colonies to their
nial Rec- p-reat combination, and Rhode Island was slighted."*
ords R. L, ° ' . °
129. Her patent having been thus procured under a revo
lutionary administration, was by a strange inconsistency
—for all of -the New England colonies now held their
territory and constitutions by a title more or less revo
lutionary — regarded as not entitling her to the position
or consideration of a regularly organized colony, invest
ed with full corporate and political powers. Massachu
setts Bay was continually claiming jurisdiction within
Claims of her precincts on this pretext, and so earnestly, from
Mass. Bay. time ^0 time, was her persistent and vexatious claim
pressed upon them, that on a repetition of it in Sep
tember, 1655, Roger Williams thus broke out in a letter
Roger Wil- to the government of that colony :
mZ. Bay, " Honored Sirs, I cordially profess it before the Most
1655. ' High, that I believe it, if not only they* but ourselves
pleof Paw- and tlie whole country were by joint consent, subject to
tuxet. your government it might be a rich mercy: But as
things yet are, and since it pleased first the parliament,
and then the Lord admiral and committee for foreign
plantations ; and since the council of state ; and lastly
the Lord Protector and his council, to continue us' as a
distinct colony; yea, and since it hath pleased your^
selves, by public letters and references to us from your

THE UNITED STATES OP AMERICA. 341
THE COLONY OF RHODE ISLAND. PART II.
public courts, to own the authority of his Highness
amongst us : Be pleased to consider how unsuitable it
is for yourselVes (if these families at Pawtuxet plead
truth) to be the obstructers of all orderly proceedings
amongst us : Eor I humbly appeal to your own wisdom ^
and experience, how unlikely it is for a people to beiett>s c0io-
compelled to order and common charges, when others mal B*°-
in their bosoms are by such (seeming) partiality ex- 323.
empted from both."*
Connecticut, though in reality possessing no better
title to her own jurisdiction, had also at times infringed
upon the rights of Rhode Island, and was even now
supplicating the crown for a charter conveying a title
beyond her own proper territorial precincts. Appre
hensive under, these circumstances that they might
become absorbed in one or the other of these rival gov
ernments, the people of Rhode Island determined to
make application to Charles II. for a patent which
should confirm to them their title to the soil, and invest
them with the requisite corporate powers, and political
jurisdiction over it. Accordingly, at a session of the
general court of commissioners, held at Warwick, on
the eighteenth of October, 1660, a commission for that
purpose was ordered and executed, as follows, viz :
" To our trusty and well-beloved friend and agent, Mr.
John .Clarke, of Rhode Island, physician, now resid
ing in London, or Westminster.
" Whereas, we, the colony of Providence Plantations in Commis-
New England, having a free charter of incorporation negotiate
given and granted unto us in the name ofthe king and^a^ar-
parliament of England, bearing date Anno Domini one the crown,
thousand six hundred and forty-three ; by virtue of J^1?' *
which charter this colony hath been distinguished from
the other colonies in New England ; and have ever been ;
and to this time maintained government and order in
the same colony by administering judgment and justice
according to the rules in our said charter prescribed.
And further, whereas there have been sundry obstruo-

342 THE GOVERNMENTAL HISTORY OP
Part II. new England.
Upon the tions emerging, whereby this colony hath been put to
of themon^ trouble and charge for the preservation and keeping
archy. inviolate those privileges and immunities to us granted
in the aforesaid free charter ; which said obstructions
arise from the claims and encroachments of neighbours
about us, to and upon some parts of the tract of land
mentioned in our charter to be within the bounds of
this colony.
"These are therefore to declare and make manifest
unto all that may have occasion to peruse and consider
of these presents, that this present and principal court
Of this colony, sitting and transacting in the name of
Commis- his most gracious and royal majesty, Charles the II? by
sion to ne- t]ie grace of God, the most mighty and potent king of
a charter England, Scotland, France and Ireland, and all the
^wnthe dominions and territories thereunto belonging — do, by
Oct., 1660. these presents, make, ordaine, and constitute ; desire,
authorize, and appoint, our trusty and well beloved
friend, Mr. John Clarke, physician, one of the mem
bers of this colony, late inhabitant of Rhode Island in
the same colony, and now residing in Westminster, our
undoubted agent and attorney; to all lawful intents
and purposes, lawfully tending unto the preservation
of all and singular the privileges, liberties, boundaries,
and immunities of this colony, as according to the true
intent and meaning of all contained in our said char
ter, against all unlawful usurpations, intrusions and
claims, of any person or persons, on any pretenses, or
by any combination whatsoever: . Not doubting but
the same gracious hand of Providence, which moved
the most potent and royal power aforesaid, to give and
grant us the aforesaid free charter, will also still con
tinue to preserve us in our just rights and privileges,
by the gracious favor of the power and royal majesty
aforesaid ; whereunto we acknowledge all humble sub
mission and loyal subjection.
" Given in the twelfth year of the reign of our
sovereign lord, Charles the second, king of

THE UNITED STATES OP AMERICA. 343
THE COLONY OF RHODE ISLAND. PART II.
England, Scotland, Prance and Ireland. — At Upon the
the general court, holden for the colony of 0efsihreatio11
Providence plantations at Warwick, the 18th monarchy under
day of October, anno domini 1660, sealed charies H.
with the seal of the colony."

This commission, it will be observed, is very care- policy of
fully drawn, so as not to offend the ear of majesty. It * g^??*"
overlooks the interregnum of the commonwealth, their alle-
although the colonial government had recognized itsfhg11^?
supremacy, and directed that all transactions in the™on_
colony " should be issued out in the name of his 1654. '
highness the lord protector of the commonwealth of •
England, Scotland and Ireland, and the dominions
thereto belonging."*
So also on hearing of the death of Oliver and the suc
cession of Richard Cromwell in 1658, they hastened to
make their appeal to him for the preservation of their
charter, wherein they say — "May it please your highness. Their alle-
It was inexpressible sorrow to us to receive the tidings l'aiJcei0
of your and the three nations', and our own and sore Cromwell,
loss, in the late departure of your and the nations' most ay' 16S *
renowned lord and father. And it was and is as great
a joy unto us that it hath pleased God to provide for
the three nations and ourselves such a cordial as your
highness is, both in respect of your renowned stock,
and also of that high worth and hope of which we have
heard your highness' self to be : In whom our humble
desires are, that the three nations and ourselves may
find a healing of our so great a wound and stroke.
Our deepest wishes and humble desires unto God, the
father of lights, are, for a double portion of your blessed
father's spirit to be poured down into your highness'
noble breast, and instead of an earthly crown, (which
his heavenly mind refused) we most earnestly wish *i Bart-.
your highness and the lords of your most honorable nta Rec°l0"
counsel to be crowned with -the crown of wisdom and R- L>
fortitude, prosperity and success, obedience and love
of the nations." *"

344 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Their alle- And still farther, even so late as the sitting of the
pariia- general court of the colony in August,, after the
ment, Au- abdication of Richard Cromwell, they reeognized the
gust, 1659. °
existence and the authority of " the high court of par
liament " and " the right honorable council of state in
England." And subsequently, having been informed by
" letters from Mr. Clarke out of England, that the pres
ent government thereof is by the old parliament, as it was
six years since without a single person or house of peers,"
And in they hasten to declare — "It is ordered by this present
1659. 6r' court that all warrants and summons shall be issued
forth in the name of the supreme authority of the com
monwealth of England ; and that all writs and war
rants formerly issued out, or bond taken, in the name
*iBart- of the lord protector, shall be in force until those
42s'. ~~ actions be issued and accomplished."*
Policy of Mr. John Clarke was the watchful and efficient
couftof ral agent of the colony, in London, at each of these dates,
the colony, and it is evident that both he and the ruling men of
Rhode Island were skillful diplomatists ; and they knew
well how to suit the action to the* word and the word
to the. action, whenever occasion or interest required.
The negotiations for a charter from Charles II. are
alike creditable to the intellectual and diplomatic abil
ities of their agent, however they may be regarded in
respect of their historical verity.
Its action The crown, it will be remembered, was restored to
on tgcgiv-
ing intein- Charles II. in June, 1660. The intelligence was imme-
fhe'resto- lately communicated by Mr. Clarke to the general
ration, court, enclosing a copy of the king's letter to the par-
1660. ' liamenf, and his declaration and proclamation on as
cending the throne. Copies of these documents were
received in Rhode Island, and opened and read at the
October session of the court in the same year ; where-
Charles II. upon — " It is ordered that his royal majesty, king
kingatmed Charles the Second, king of England, Scotland, France,
Warwick, and Ireland, with all the dominions and territories
thereunto belonging, shall be proclaimed to-morrow
morning at eight of the clock, in presence of this pres-

THE UNITED STATES OF AMERICA. 345
THE COLONY OF RHODE ISLAND. PART II.
ent court ; and that the officers of the traine band of
this town do rally the company or traine band of this
town together to solemnize the proclamation. It is
ordered that all writs, warrants, with all other public
transactions, shall be from henceforth issued forth and
held in his royal majesty's name ; and that all.bonds
formerly taken, shall continue in force till issued.
"It is ordered that on the next Wednesday, which Charles II.
will be on the 21st of this instant month, each town in claimed™"
this colony shall then, at the head of the company of ^lns
each traine band, solemnize the proclamation of his out the
royal majesty ; arid that the captain of each town is 00 ony'
hereby authorized and required to call the traine bands •
together to solemnize the said proclamation on the
aforesaid day, if the weather do permit ; if not, it is to
be done on the next fair day, and that all the children
and servants have their liberty for that day."* TL^o
It was hrimediately following these orders of the gen- The com-
eral court, that a committee was appointed for the pur- misSp0n 1°
pose, and on the same day reported the commission to ,
Mr. Clarke which I have already transcribed. This See page
commission, subscribed by the general recorder with
the seal of the company annexed, was enclosed, with
copies of the foregoing orders ef the general court,
"in a letter to Mr. Clarke, in answer to his letter,"
and at once transmitted to England. On receipt of
these documents, he proceeded without delay to the
discharge of his important trust, by addressing his
majesty as follows :.
"Petition of John Clarke, Agent of the Colony of Rhode
Island, to the King.
"To Charles the second: By the wonderful, provi- The first
dent, and gracious disposing hand of the Most High, Pe*{£°tne£r
of England, Ireland, and Scotland, with the large do-1660.
minions and territories there.unto belonging :
" High and Mighty King ; The humble petition and
representation of John Clarke, on the behalf of the
purchasers and free inhabitants of Rhode Island, and

346 THE GOVERNMENTAL HISTORY OF
Part II. new England.
First peti- of the colony of Providence plantations in the Narra-
Charies II gansetts Bay, in New England, most humbly showeth,
for a char- that your petitioners were necessitated long since, for
c ' \ cause of conscience with respect to the worship and
their re- service of God, to take up a resolution to quit their
America. dear and native country, and all their near and pre
cious relations and enjoyments therein,, and to expose
themselves and their families to all the hazards and in
conveniences, which they might meet with upon the
vast and swelling ocean over which they should pass,
or in the .barbarous and howling wilderness to which
they might come. That beihg thus resolved, they were
. by the greatly obliging clemency of your r,oyal father,
not only permitted to prosecute this resolution of theirs,
but by singular favours and privileges bestowed upon
them encouraged therein. That your, petitioners being
thus resolved and encouraged, after a long encounter
with many perils of sea and robbers, were by the good
hand of the Lord safely conducted unto, and caused to
arrive in those parts of America, where, for the afore-
Cause of said causes of conscience, and for peace sake, they were
mov l&' a^s0 necessitated to travail further among the barbari-
from Mas- ans in places untrod, and with no small hazard to seek
sac usetts ^^ & place of habitation, where, according to what was
propounded in your petitioners' first adventure, they
might with freedom of conscience worship the Lord
their God, as they were persuaded."
Their re- " That being in this wandering posture, in this vast
movalto an(j desolate wilderness, they were by the provident
setts Bay. hand of the Most High, guided to steer their course
into the thickest of the most potent princes and people
of all that country ; where, by his wonderful working
power upon their hearts, as a signal token that the hearts
of princes and people are in his hands to dispose of as
he pleases, your petitioners found them free to admira-
Their re- tion» not only to part with the choicest parts of their
ception by territories, being no ways inferior for commodious har-
tives!*' hours in all respects unto any parts of that country,

THE UNITED STATES OP AMERICA. 347
THE COLONY OF RHODE ISLAND. PART II.

but also to quit their native, ancient, and very advan- First peti-
tageous stations and dwellings thereon to make room charies II
for them. * for a char-
" That your petitioners having thus, by the good hand er'
ofthe Lord, and countenance of their prince, gone forth,
found out, purchased, possessed and planted those parts
of the world in all desirable freedom and liberty in all Freedom
respects, both among themselves in giving to all (in "f^6 £
point of freedom of conscierice) what they desired for
themselves 'from all qtiiers, whether English or Indians,
found themselves necessitated, at least, for some time,
for the preservation and accommodation for themselves
and their families, to forbear to make application unto
the sovereign power to which they adhered, and in lieu'
thereof and grace to enter into an actual agreement
among ^themselves ; and as the true natives of Eng
land, (though so remote) and the loyal subjects thereof,
for the present to regulate themselves by the laws of
that nation, so far forth as the nature and constitution
of the place and the professed cause of their conscience
would permit."
"That your petitioners, as a further manifestation Appiica-
of their willing dependence upon and loyalty to the Jhon/or
sovereign power of these nations, did about the year charter.
'42, with one consent, make their addresses by their'
agent unto your royal father, for his further and more
particular countenance and encouragement therein;
upon which address in the year '43, there was granted
unto your petitioners, from the commissioners empow
ered from both houses of parliament for the general
management of foreign plantations, a free and absolute
charter of civil incorporation, whereby they were em- The char.
powered to choose their own officers, and to make their *nr from
own laws, only with this limitation, that they should be of War-
so near the laws of England as the nature and the con-wick'
stitution of the place would admit. That your peti
tioners, having received the charter, forthwith grounded
their government thereupon, and with excessive travail

348 THE GOVERNMENTAL HISTORY OF
Part II. new England.
First peti- and charge compiled a brief body of laws for the main-
Charles IL taining of civil society, and for the administration of
for a char- judgment and justice amongst themselves ; being drawn
from and founded upon the laws of Englarid, so near
as the nature and constitution of ^he place with the
premised cause and state of their conscience, would per
mit ; and ordered that all writs, both original and judi
cial, should proceed in his majesty's name as the rest
of the corporations in England were wont to do.
Demon- " Tliat your petitioners, upon the first intelligence of
B*rat'°°? the wonderful working hand of the Most High, in mak-
ancetohising way to administration for your majesty's return
majcs ^' unto your royal throne, did forthwith call a general
court, and therein as a testimony of our ready and
joyful reception of you, and of your petitioners faith
ful allegiance and loyalty to you, did order ,*of your
petitioners own accord, and with joint consent, that
your majesty should be forthwith proclaimed with as
much solemnity as they could, in all the towns of that
country. That all judicial proceedings and acts of
power should issue forth in your royal name, and that
a commission and letter of credence should be sent
unto your unworthy petitioners, in order to make their
humble address unto your majesty.
" Wherefore, 0 king ! seeing it hath pleased the Most
Holy Majesty on High, the King of -kings, to remember
you in your low and exiled, state, with such wonderful
and obliging favor, whereby as it were without hands,
you have been restored to and clothed with more excel
lent majesty, and more absolute sovereign power, than
your ancestors have attained unto, and seeing the state
of the case with your poor petitioners is really such as
hath been presented, we are humbly bold to congratu
late your majesty in this our address, humbly prostrat-
Proffertof ing ourselves with our purchase and charter, being the
theein-°m titles we have to our land and government, at your
dians and majesty's feet, humbly craving we may find such grace
Warwick, in your sight, whereby under the wing of your royal

THE UNITED STATES OP AMERICA. 349
THE COLONY OF RHODE ISLAND. PART II.
protection, we may not only be sheltered, but caused to Second pe-
flourish in our civil and religious concernment in these charies il.
remote parts of the world. So shall your servants for a cnar'
take themselves greatly obliged — while they are quietly
permitted with freedom of conscience to worship the
Lord their God, as they are persuaded — to pray for the
life of the king, even that he may live forever and ever,
and to make it their study which way they may best
approve themselves, your royal majesty's most humble, * 1 Bart- •
faithful and obedient subjects. ^^s ^\
John Clarke."* 485.'

"Second Address from Rhode Island to king Cliarles the
Second, for a Charter.
" To Charles the Second; by the wonderful, provident,
and gracious disposing of the Most High, of England,
Scotland and Ireland, with the large dominions and
territories thereto belonging :
"High and mighty king: The humble petition and.
representation of John Clarke on the behalf and in the
name of the purchasers and free inhabitants of Rhode
Island, and of the rest of the colony of Providence
plantations, in the Narragansetts Bay, in New England :
most humbly showeth, that forasmuch as the state of the Reference
case with your poor petitioners is really such as hatht0*h.e first
been presented unto your majesty in their former hum
ble address, being hereunto annexed : As also to the
case and manner of their first going forth from old
England -to new, and of tiieir remove from the place
where first they landed unto the place where now they
are pitched.
"As to the wonderful passages of the providence of Derivation
the Most High (from whence the plantations have taken ^^ and
their name) in guiding them thither and in making planting of
room for them there, whereby they have purchased,
possessed, and planted these parts of the world in all
desirable freedom and liberty, in all respects, both
among themselves and from all others, whether Eng-

350 THE GOVERNMENTAL HISTORY OF
Part II. new England.
Second pe- lish or Indians ; as to their humble address unto your
Charles0 II T07a^ father for his further and more particular coun-
for a char- tenance and encouragement of them in these their so
happy and so successful beginnings. As to their ob
taining a charter of civil incorporation the grounding
of their government thereupon, and causing all the
visible acts of power to issue forth in his majesty's
name :
"And lastly, as to their manner of the entertaining
the first intelligence they had of your majesty's return
to your royal throne, in causing a general court to be
forthwith called, and therein as a testimony of their
Touching ready and joyful reception of you, and of their faithful"
reception1 allegiance and loyalty to you, in that they did order of
of his res- their own accord and with joint consent, that your
majesty should be forthwith proclaimed with as much
solemnity as they could in all the towns of their colony ;
and that all judicial proceedings and acts of power
should issue forth in your royal name.
Affirma- " Wherefore your petitioners humbly pray your maj-
tion of un- esty's favorable aspect towards them, who have still in
bending •" x
allegiance, their remove and in the rest of their, actings, made it
manifest that they, as the true natives of England, have
firmly adhered in their allegiance and loyalty to the
sovereignty thereof, although by strangers by many
fair proffers again and again allured therefrom, and
have it much on their^hearts (if they may be permitted)
to hold forth a lively experiment, that a flourishing
civil state may stand, yea, and best be maintained, and
that among English spirits, with a full liberty in
religious concernments, and that true piety rightly
Religious grounded upon gospel principles, will give the best and
McuriVof greatest security to true sovereignty, and will lay in
all govern- the hearts of men the strongest obligations to true loy
alty ; to which end we are humbly bold, royal sire, to
present to your majesty this our first and second ad
dress, and therewith humbly prostrate ourselves, your
royal highness' subjects, with our purchase and our

THE UNITED STATES OF AMERICA. 351
THE COLONY OF RHODE ISLAND. PART n.
government, at your majesty's feet ; hopefully craving
we may find such grace in your sight, as to receive from
your majesty a more absolute, ample, and free charter
of civil incorporation, whereby under the wing of your character
royal protection, we may not only be sheltered, but of the
(haying the blessing of the Most High superadded as prayeu forf
from former experience we have good grounds to ex
pect) may be caused to flourish in our civil and reli
gious concernments in these remote parts of the world ;
so shall your servants take themselves greatly obliged —
while they are quietly permitted with freedom of con
science to worship the Lord their God as they are per
suaded — to" pray for- the life of the king, even that he
may live forever and ever, and to make it their study
which way they may best approve themselves.
"Your Royal Majesty's most humble, faithful, and#1Bart.
obedient subjects. le"'8 Col.
John Clarke."* 4I9.'' ' '*

At what date precisely these petitions were drawn, The peti-
how great an interval elapsed between them, or whattl0nSp
were the particular causes of delay or uncertainty
which atterided this negotiation for a charter from the
crown, we have no means Of ascertaining. The colo^
nial records are silent on the subject. But the petitions
themselves are important as .showing the character of
the people who planted the colony, the principles which
they advocated, and the nature of the experiment they
had undertaken in this far off land, in the midst ofthe
fiercest and most powerful of its native Indian tribes.
An experiment the grandest and most interesting of
any that had as yet been attempted in any age or coun-Theexperi-
try, or even hitherto in New England. An experiment]"^11
which should demonstrate to the world " that a flour- island.
ishing civil state may stand, yea and best be maintained,
with a full liberty in religious concernments ; and that
true piety rightly grounded on gospel principles, will
give the best and greatest security to true sovereignty,

352 THE GOVERNMENTAL HISTORY OP
Part II. new England.
Reception and will lay in the hearts of men the strongest obliga-
te/from" tions to truer loyalty " to the governing power.
King The earliest intimation we have of the result of this
Nov., 1663! negotiation-, is contained in the record of the sitting of
the general court, at Newport, November twenty-fourth,
1668, at which time, we are informed,
"It was ordered and voted, nem contra dicente,
"Voted 1. That Mr. John Clarke, the colony agent's
letter to the president, assistants and freemen of the
colony, be opened and read, which accordingly was done
with good delivery and attention.
" Voted 2. That the box in which the king's gracious
letters were enclosed be opened, and the letters with
the broad seal thereto affixed be taken forth and read
The char- by captain George Baxter in the audience and view of
played" and a^ the people, which was accordingly done; and the
read before said letters with his majesty's royal stamp and the
'broad seal, with much becoming gravity, held up on
high and presented to the perfect view of the people,
and then returned into the box and locked up by the
governor, in order to the safe keeping of it.
Thanks to " Voted 3. That the most humble thanks of this colo-
the kmg. ^ unto our gracious sovereign lord, king Charles the
second, of England, for the- high and inestimable, yea
incomparable grace and favor unto the colony in giving
those his gracious letters pattent unto us; may be
returned by the governor and deputy governor on the
behalf of the whole colony."
The free This charter incorporated the colony as The Govern-
Charies II or and ^ompany of the English Colonies of Providence
1663. 'and Rhode Island Plantations in New England in
America. It was in substance and reality a re-affirm
ance of the grant from the Earl of Warwick, with a
more accurate designation of its precincts. It placed
the colony on an equal footing with the other colo
nies, allayed all animosities, and led to the establish-
The gov- ment of a fraternal intercourse between them. Under
under it. it the executive power was vested in a president or gov-

THE UNITED STATES OP AMERICA. 35&
THE COLONY OF RHODE ISLAND. PART II.
ernor, deputy governor, and ten assistants elected by Under the
the freemen of the plantation. The legislative author- terof
ity consisted of the chief magistrates, the ten assist- charies ll.
ants, and delegates chosen from the several towns.
Newport was entitled to send six delegates, and the
towns of Providence, Portsmouth," and Warwick, four
each; and all other towns two each. The governor or
deputy governor, with six assistants, constituted a quo
rum for the transaction of executive business. The
general assembly was vested with full power, to enact
laws, admit freemen, choose public officers, establish
courts of justice, punish offences, and generally to do
whatever was necessary for the common defence and
general welfare of the inhabitants of the colony.
The most remarkable feature in this charter, and that Religious-
which distinguished it from those of the other colonies, g^rli by
was, unqualified religious toleration. It provided " that charter
no person within the colony at any time hereafter shall crown.
be in any way molested, punished, or destroyed, dis
quieted, or called in question, for any difference of opin- * 2 Bart.
ion in matters of religion, and do not disturb the peace if M'sCoi.
of the qolony."* 37.
This was the first royal charter which recognized and
protected the right of* religious liberty; and it may at
first seem strange that it should have emanated from
such a monarch as Charles II. , and at such a time in
the history of the mother country. The principle for
which so many trials had been endured, for which so
many sacrifices had been made, so many lives periled,
and so much blood poured out, was at length fully guar
anteed under the royal seal. We will not boast of it
as a New England, but are content and rejoice to say it
was an American achievement. It was the proudest tri- The prot-
umph yet recorded for the advocates of human liberty. ^^ f*
It. illustrates the progress of human improvement, and veioped by
magnifies while it demonstrates the power and the lib- ter.
eralizing and conservative influences, of the essential
23

354 THE GOVERNMENTAL HISTORY OP
Part II. new England.
Under the elements of freedom inherent in a true Protestant
free char- ,,, ... . ,
ter of Christianity.
Charies II. Hence there may well linger in the minds of the
curious and the inquisitive a degree of surprise that a
charter so liberal should have received the sanction of
Charles II. Among the variety of speculations on the
subject put forth by different historians, I have found
none which satisfy the enquiry. The charter of the
colony of Connecticut, procured by the younger Win
throp from the same monarch, though not so liberal in
its provisions as this to Rhode Island, gave rise to simi
lar speculations. But they are made in forgetfulness,
or disregard, of the progress of free principles as devel
oped both in England and America during the suspen-
Origin of sion of the regal authority. The idea of supremacy
Provisions. in the sovereign, if not wholly annihilated by the exe
cution of Charles I., became at any rate afterwards so
essentially modified throughout Great Britain that it
could not again command the same unquestioned alle
giance it had formerly done. Besides, whatever feel
ing of dissatisfaction might endanger the stability of
the throne, in the person^ of the restored prince, was
well disposed of by turning it to the outlet opened in
America. Not only so, but the experiment had already
been tried in New England, and the success of it proved
in Rhode Island, that freedom of opinion, and freedom
of conscience, and freedom of worship, could well con
sist with loyalty to the civil power in the state. It is
evident that these liberal sentiments had so infused
themselves into the minds of all classes of men, both in
the church and the state, that the sovereign could not
with safety to his crown refuse to recognize their dis-
tinctive existence and practical operation.
impres- Again, it is evident that until after the restoration of
ArTrica Charles II. the full extent, value, and importance of
before the her possessions in America was not at all known, or
tton?™" even suspected, in England. The rapid and vigorous
growth of the colonies of New England and Virginia,

THE UNITED STATES OF AMERICA. 355
THE COLONY OF RHODE ISLAND. PART II.
tlieir intercolonial trade, the vast resources of the coun- Under the
try, did not begin to be effectively enquired after until f^f131'
the increasing commerce opened between the two coun- Charles II.
tries disclosed the boundless benefits and inexhaustible
wealth which might accrue to the parent state from its see Part I.
fuller settlement and occupancy.
Such undoubtedly were the considerations which
moved the crown, and prompted the policy under which
these charters were obtained. Charles II. had not been
an idle or indifferent observer of the scenes which were
enacting in England during the intervening years of
his exile from tlie throne. The mistaken fiat of the
father interdicting emigration, and thereby confining
within the limits of his own kingdom the seeds of that
revolution which swept him from the sovereignty, was
a voice of warning to the son which he dared not defy
or disregard. Under these fortuitous circumstances it The mode
was that the ruling men in the colonies ventured to^rtera
draft their own Charters, which needed only the auto- were made.
graph of the prince "with the broad seal annexed" to
give them absolute efficiency, and which was obtained
without any particular inspection of their provisions by
the crown. The most that the sovereign cared or con- How re-
cerned himself to know was, that it was essential to sarded by
' the crown.
people his extensive domain in the new world in order
to render it a source of revenue to his exchequer, that
allegiance to his sovereignty was secured, and that
the settlers were " to imitate and follow as near as may
be the often refined and wholesome laws of England."
Rhode Island was more indebted to Roger Williams
for the free provisions of her charter than she was to
Charles H.
But to the colonies themselves the most material The true
value of their charters, or patents, consisted in the fact colonial
that they were a conveyance of the soil, a guar- charters.
antee of their rights as Englishmen, of their title to
the lands they occupied, and also defined their juris
dictional precincts. They have hardly ever been of

356 THE GOVERNMENTAL HISTORY OF
_  _ — ,  ,
Part II. new England.
Under the any particular service to them in any other regard.
teTof ar -^ their peculiar forms of government or administra-
Charies n. tion, all their judicial establishments, all their institu
tions of commerce, of religion, of learning, of philan
thropy, and of charity, were of their own creation.
The existence of these, and their practical operation
and benefits, were as well and firmly estabhshed as if
no charter had ever been issued. Their chief aim,
indeed, was the security and protection, of such then?
rights, but their anxieties, were more severely exercised
in securing an unquestioned title and jurisdiction in,
their territorial possessions. This is, manifest in tlieir
eagerness to procure a patent, or a grant, or a recog
nition of their distinctive existence, from the supreme
power in England under whatever administration^
whether of the. high court of parliament, the lord
See ante, protector, or his majesty the king. Hence their seen>
ing readiness to recognize such supremacy, as from
time to time one or the other of these parties had the.
ascendency in the. councils of the mother country*
Hence also, the overthrow or repeal of their charters
did not necessarily annihilate their governments and
institutions of freedom,, though it might in effect, rob
them of their title and jurisdiction of the soil so far
as the crown was concerned. But what, would, even
this signify when they were so far separated, so firmly
planted, and so well established, that tlie parent power
was too distant and too feeble to wrest, from them that
which they had grown to consider entirely their own ?
Rhode Island continued under this charter down to
the time of the American Revolution ; and the frame
of government and policy of administration originally
established under it, are still regarded as the basis of
her present constitution and laws.
The,charge But it has been charged against Rhode Island, that
tmnmSade" she violated the principles of her free charter in the.
against the persecution of Quakers and Roman Catholics. I find
ony* no warrant for the charge in her records. Her oppo-

THE UNITED STATES OF AMERICA. 357
THE COLONY OF RHODE ISLAND. PART II.
isition to them was chiefly directed to those doctrines
which, in her own phrase, "tended to the very absolute
tutting down and overturning relations and civil gov
ernment among men, if generally received." In 1658,
the governor and council, being requested by the com
missioners of the United Colonies of New England,
u to remove these quakers that have been received, and
for the future prohibit their Coming among them,"
replied— "as concerning these quakers (so called) we voice of
have no law among us whereby to punish anv for onlv the Gov'r
j 1 • i , i „ , . . , , and Coun-
decianng by words, &c, their minds and Understand- cil as to the
ings concerning the things and ways of God as to sal- ^ ers»
vation and an eternal condition : And we, moreover,
find that in those places where these people aforesaid
in this colony are most of all suffered to declare them
selves freely, and are only opposed by arguments in
discourse, that there they least desire to come. And
we are informed that they begin to loath this place,
for that they are not opposed by the civil authority,
but with all patience and meekness are suffered to
say over their pretended revelations and admonitions ;
nor are they likely or able to gain many here to their
way: Surely we find that they delight to be persecuted
by civil powers ; and when they are so, they are like
to gain more adherents by the conceit of their patient » Bart. ,
sufferings, than by consent to their pernicious say- Colonial
ings."* Records.
So also the general assembly of the colony, to whom Voice of
the request of the general commissioners was submit- t]?e CoW-
ted by the governor and council, declared in reply, that sembly."
" Wliereas, freedom of different consciences to be pro
tected from inforcements was the principal ground of
our charter, both with respect to our humble suit for
it, as also the true intent of the honorable and re
nowned parliament of England in granting of the
same unto us; which freedom we still prize as tha
greatest happiness that men can possess in this world:
Therefore, we shall, for the preservation of our civil

358 THE GOVERNMENTAL HISTORY OF
Part II. new England.
The charge peace and order, the more seriously take notice that
tionemade "those people and any other that are here, or shall come
against the among us, be impartially required, and to our utmost
co ony" constrained, to perform all duties requisite towards the
maintaining the right of his highness and the govern
ment of that most renowned parliament of England,
in this colony ; which is most happily included under
the same dominion, and graciously taken into protec
tion thereof. And in case they, the said quakers,
which are here, or who shall arise or come among us,
Voice of do refuse to subject themselves to all duties aforesaid,
niai<As0' as training, watching, and such other engagements as
sembiy as other members of civil societies, for the preservation
Quakers. °f the same in justice and peace ; then we determine,
yea, and we resolve, to take and make use of the first
opportunity to inform our agent resident in England,
that he may humbly present the matter, (as touching
the considerations premised, concerning the afore
named people called quakers,) unto the -supreme' au
thority of England, humbly craving their advice and
order, how to carry ourselves iri any further respect
towards these people, so that therewithal there may be
no damage or'infringement of that chief principle in
our charter concerning freedom of consciences — And
we also are so much the more encouraged to make our
addresses unto the lord protector, his highness and
government aforesaid ; for that we understand there
?Bartlett's are or have been many of the aforesaid people suffered
Records', to live in England, yea even in the heart of the nation."*
It is evident that these men understood too well the
principles of freedom which they had made the basis
of their charter and their government, to infringe its
requirements. There could not be a more pointed
or comprehensive concession to the Quakers, of the
right of freedom and protection in religious matters,
than is here set forth ; or a more precise and just
discrimination between the exercise of that right and
the requisitions of the civil authority.

THE UNITED STATES OF AMERICA. 359
THE COLONY OF RHODE ISLAND. PART II.
How far their future action on this subject might Charge of
have been controlled or guided by " the supreme author- tion made
itv in Enarland" to which it was resolved to submit the agains' *"«¦
J a ... colony.
question in case of need, it is impossible to conjecture.
The accession of Charles II. to the throne followed
close upon these proceedings, and the new charter with
the government established under it, were a surer guar
antee of freedom of conscience to all her inhabitants.
In a report made by the -king's commissioners concern- Voice of
the king's
ing the New England colonies, soon after the issuing of COmmis-
this charter, it was stated with reference to Rhode s"mer|!>
' Dec. 1665.
Island — "this colony, (which now admits all religions,
even quakers and generalists,*) was begun by such as the
Massachusetts Bay would not suffer to live among them,
and is generally hated by the other colonies, who
endeavored several ways- to suppress them."*
So much in reference to the Quakers. -As to the Treatment
Roman Catholics, it is very doubtful whether any law catholics!
was ever enacted restraining the exercise of their reli
gion in the colony. All that the records disclose on
this subject is an enactment which provided — " that all
men professing Christianity, and of competent estates,
and of civil conversation, who acknowledge and are
obedient to the civil magistrate though of different
judgments in religious affairs, (Roman Catholics only
excepted) shall be admitted freemen, and shall have
liberty to choose and be chosen officers in the colony,
both military and civil."*
Mr. Bartlett thinks the words in the parenthesis
excepting Roman Catholics, were interpolated, and
argues very justly in favor of this view, that " any such
act as that in question was totally at variance with the
uniform policy of the colony from the beginning, as
well as with the antecedents of Roger Williams and the
first settlers of the colony, and their opinions regard
ing freedom of conscience. and religious liberty when
ever expressed." And I agree in the opinion ; it can- * 2 ,Bart-
not be reasonably supposed that at a time when they Rec. B. £

THE GOVERNMENTAL HISTORY OF

Part II. new England.

Charge of were exhibiting so much gratitude that the principle of
tionmade religious liberty had been incorporated into their char-
againsttheter by the crown; and just when they were placing the
topmost stone upon the grand and original fabric of a
civil government established upon the principles of uni
versal religious toleration, and which they had labored
so hard to maintain, they should pass any law, or sanc
tion any conduct in the magistracy, directly at variance
with it all.
But suppose they did? Is nothing to be extenuated
by the age in which they lived, the circumstances by
which they were surrounded, or the newness of, and the
opposition to, the experiment they had undertaken?
Is nothing to be excused for errors which may have
been committed under the vexations which oppressed
them while they were " generally hated by the other
colonies, who endeavored several ways to suppress
them?" Or is it at all strange that they feared the
power of Romanism? They learned this of the mother
See the old country. It was a part of the colonial common law
&carpart incorporated into all their ancient charters from the
I. ' crown. The whole development of the reformation
taught them and mankind this great truth ; that as the
pohtical elements of Protestantism tended to the utter
severance of the church and the state so also the
political elements of Romanism tended to the union of
both and the subjection of the latter to the supremacy
of the former. The essential elements in either were
antagonistic to the other, and their moral affinities
The com- were such that they could not both subsist together
£rco°n. without strife. It was a difficult task at this early
dition. period to draw the line between their several and
respective political and religious aims and say where,
or how, the two could act in harmonious safety: Or
so to uphold the power of the civil administration " as
not to infringe the great principles of religious liberty
secured by their charter."
But I care not to search for, or to enquire after, any

THE UNITED STATES OP AMERICA. 361
 —  * —
THE COLONY OF RHODE ISLAND, PART H.
occasional violations of it upon whieh to pronounce
sentence of condemnation against Rhode Island: Nor
can I sympathize with those who revel with a malicious
joy over any such transient exhibitions of the weakness
or waywardness of her infant life. It is enough to
know, — and to the lasting glory and honor of their
memories and their names let it be recorded — that the
founders of this colony sunk their shaft deep in the
quarry of the reformation, and from the confused and
heterogeneous mass of its composite elements brought
forth that golden ore of free toleration which graced
the most polished corner in the great temple of freedom
reared in New England. Call their errors the acts of
sectaries or enthusiasts, of heretics or bigots, if you
will; they were nevertheless, but traces ofthe ingrained
shackles of the human mind emerging from the thral
dom in which the ignorance and superstitions of past
ages had so long bound it, and endeavoring to assert its
individual sovereignty and independence in the domain
of thought and conscience ; thus clearing the way for a
far brighter day of liberty, religion, and justice.
Such was the origin, and such as I have successively Further
traced them, were the general governmental features ?s1J?ra^®r*,
of the principal eolonies embraced in the early history opments in
of New England. Causes mostly of a similar character sioneof her
led to a still further dispersion and extension of their settle- merits
settlements over the face of the country. New sects
and new leaders springing up from time to time among
them, and finding their opinions but little respected,
went out and planted new townships. In the early his
tory of the colony of Connecticut, as also of Massachu
setts Bay, several towns were planted by adventurers
who attempted to establish their civil government on as
independent a basis as the religious organizations of
their settlement, claiming that each town should be as
distinct and independent of every other and of the
colony, as each church or congregation was of any sis
ter association. These tenets, however, had but a tem-

362 THE GOVERNMENTAL HISTORY OF
— ar— —  r
Part II. new England.
Triumph porary existence, though in course they contributed
antism hi" their share to the peculiar characteristics of the general
the revolu- colonial administration. Thousands also from the
1688-90. mother country continued daily to throng the New
England coast, and to pour into her .unoccupied terri
tories; so that at the time, of the revolution in England
she contained more than one hundred and fifty towns,
about sixty churches, and upwards of fifty thousand
•Winter- inhabitants.* That revolution, which terminated in the
elevation of William and Mary to the throne, formed an
important era in the governmental annals of the colonies
in America as well as those of the mother country.
It was the grand triumph of the political elements of
Protestantism which made the law the dispenser of the
Change in crown, and the will of the people the source of its sov-
constitu-8 ereignty and stability. The liberal theory of the prot-
tion, and estant succession, which it grafted into the British consti-
colomal .
policy. tution, became the guarantee ot a more liberal and less
changeful colonial policy. Under it the capacities and
resources of this new world were more rapidly devel
oped, while the crown and the nation year by year
thought more proudly of its possessions in America.
Relations Prom this period to the time of our own revolution
nL^from0" *ne Progress of New England was one of rapid and
this period, unrivaled prosperity. Though scattered widely over
her extended territory, and under different jurisdictions,
the inhabitants of the different colonies yet cultivated
a fraternity of feeling and interchange of trade with
each other. Whatever might be their religious differ
ences they yet intermingled, and on occasion banded
together for their mutual protection and safety. In
these necessary associations, and occasional confedera-
See Part cies, with each other and with otlier colonies, they learned
^ how one general and harmonious union might consist
with a variety of local interest, or opinion, or religious
faith, or even sectional rivalry. They also learned,
and grew in the conviction, that freedom of opinion,
freedom of conscience, and freedom of worship, were

THE UNITED STATES OF AMERICA. 363
NEW ENGLAND. PART IL

essential elements of liberty, and not incompatible with
freedom or sovereignty in the state. That the machin
ery of government, however extended or complicated,
could be successfully and effectively operated, no matter
how widely its subjects might differ in judgment or
opinion on questions of church or state policy. By
this experience, too, running through an entire century,
the colonies of both North and South Virginia learned
those lessons of concession and conciliation which pre
pared them for that future era of a greater and more
permanent confederacy.
Here I close the history of North Virginia or New Conclusion
England, the second grand division of the continent
made by James I., which I have made the second part
of this work. It cannot be that we have gone over it
without interest or instruction. We have seen a wild,
inhospitable, cheerless, and lonely shore, converted into
a cheerful, inviting, and fruitful garden of freedom.
We have seen the wilderness bud and blossom as the
rose, and the desert and the solitary place made glad with
the voices of industry, civilization, and religion. We
have seen the pure principles of civil and religious lib
erty thrown out from among the discordant elements
of political and ecclesiastical tyranny and usurpation,
without a home or a resting place, defended only by
the poor, the illiterate, the despised, and the persecuted,
acquiring strength and energy in the darkest hour of
their peril, until they awaken the interest and the re
gard of the opulent, the honorable, the powerful and
the mighty among men. We have seen how the bonds
of social fraternity, and political union are originated,
and how their spirit is formed in its infant state. We
have seen small communities of men planting them
selves and their feeble families on the edge of an un
explored continent ; we have seen these communities
reared and transformed into larger corporate bodies ;
and have also remarked how, as they grew, the opera
tive principles of republicanism and the political ele-

364 THE GOVERNMENTAL HISTORY OF
Part II. new England.
General ments of protestantism, have respectively developed
remarks, themselves. While, at the same time we have discov
ered by what a singular and peculiar instrumentality,
and influenced by what causes, the characteristic quali
ties of this portion of our country have been originally
acquired and successively delineated. The survey
should awaken the ardor and quicken the energy of
our devotion to institutions so wisely framed, and with
so much toil, so much sacrifice, so much care, and so
much blood consecrated by our forefathers. It should
teach us to appreciate more fully, and to prize more
highly, the noble heritage they have transmitted to us.
Above all, it should rekindle our vigilance, and excite
in us a lively jealousy of all, of any dogmas or systems,
. whether political or religious, which tend, either in
theory or in thought, to undermine the foundations
which they have laid. end of Fart n.

PART III.
GOVERNMENTAL BISTORT OF THE ANGLO-AMERICAN COLONIES PROM
THE ACCESSION OF WILLIAM AND MART, TO THE DECLARATION
OP THEIR INDEPENDENCE.
In the foregoing parts of this work I have traced the'
governmental history of British America in its two early
and grand divisions, until we have seen its settlements
assume the rank and consideration of regularly organ
ized pohtical bodies, each under its separate and peculiar'
pohcy of government and forms of administration, as
estabhshed at the time of the accession of William and
Mary to the throne. I propose in this part to continue
the subject in their smaller colonial divisions, from this
time to the time of our revolution. This survey will in-.
elude a view of the causes which led to that event, and
to the declaration of their independence ; which will
bring me to the fourth and last part of my design, in
which I shall treat of their consequent union as sover
eign states under the confederation, give an exposi
tion of the defects of those articles, and pursue the
subject until its termination in their more perfect, per
manent, and happy union, under the present federal
Constitution. In reviewing the history of the early settlements.
made in New England, I have already pointed out the.
causes which led to the origin of the several colonies em- Their sub-
braced in that portion of the continent. Most of the TISl0n-
other colonies which existed at the time of our revo
lution under separate organizations, were originally.
comprehended within the indefinite limits of the patent*
granted by James I., to the first colony of Virginia or

366 THE GOVERNMENTAL HISTORY OF
Part III. the thirteen colonies.
the London company, sometimes also called the south,
Virginia company. On the dissolution of that corpo
ration their lands reverted to the crown, and were sub
sequently granted under new charters and their pre
cincts limited within more definite boundaries.
NEW YORK
NewYork. Was originally settled by emigrants from Holland,
who seem to have taken occasion during the apathy of''
the crown, or while both the crown and parliament were
agitated and absorbed by domestic dissensions, to take
possession of the country ; which, with the present ter
ritory of New Jersey and Long Island, was originally
called the New Netherlands.
Expedition The Dutch founded their claim to it on the discover
ed Henry jeg ma(je Dy Henry Hudson, the celebrated navigator,
who discovered the river which now bears his name
and the countries adjacent, under the auspices of the
Dutch East India company. This voyage of Hudson
was based upon the theory originally promulgated by
Columbus, that a passage to the East Indies could be
made by sailing westward, or towards what is now
called the Pacific Ocean. It was under the impression
that he had discovered an inlet to a passage through
.. tbe continent of North America to the great ocean
Discovery beyond, that he anchored off Sandy Hook, passed
of Hud- through the narrows, and sailed up that majestic river.
He continued his voyage for eleven days, penetrating
as far up as the place where the city of Hudson now
stands ; meeting with obstructions in this vicinity he
terminated his explorations, dropped down the stream,
and returned to Europe.
The Dutch The Dutch East India Company continued to occupy
WestL?- the settlement of New Amsterdam on the island of
dia com- Manhattan, now New York City, as a trading station,
panies. , -,-,-, j •
until their occupancy was superseded by, or merged in,
that of tlie Dutch West India company, which was
organized in the year 1621. This company had the

son s river. .

THE UNITED STATES OF AMERICA. 367
their origin and designations. Part III.
exclusive privilege, granted to them by the States Gen- New
eral of Holland, to trade and plant colonies on anyYoRK'
part of the American coast, from the straits of Magel-
f , ,, xl ' & * Wilson's
Ian to the extreme north. u. s.
The directors of the company, as patrons or pa- Operations
troons, took possession of large tracts of land upon the Dutch
Hudson river, and also planted their trading stations West Iu"
upon the Connecticut and the Delaware : In fact, under pany.
the very liberal grant contained in their charter the
territory of the New Netherlands seemed to extend
indefinitely in all directions.! In the almost intermin
able strifes which arose between the Dutch and the
English settlers by the extension of its claims into the
limits of New England, of Maryland, and even of Vir
ginia ; the company, and its agents and governors, came
to be exceedingly unpopular in America. But the
more enterprising spirit of the English at length retal
iated upon the Dutch, and the energy of the Saxon
drove back the stubborn aggressions of the Hollander.
The planters of New England and Virginia had Title of
always disputed the title of the Dutch, and their right the Dutoh-
to make any settlement had never been admitted by
Great Britain. She insisted on a priority of title
founded upon the discoveries which were made by
Cabot, under Henry VII. It will be remembered that gee ante,
under his patronage Cabot had explored the coast of Pari l
North America, from Labrador to the southern bound
ary of Virginia ; and we have already noticed the cir
cumstances which induced a suspension of the "claim
at that early period. The supremacy of the pope, how
ever, having terminated in England, priority of discov
ery came to be considered as establishing a good title
f This company failed in the year 1634, and from a statement of
theii accounts, drawn up in the following year, it appears that Fort Am
sterdam in New Netherlands cost the company 4,lf2 guilders, 10 stuy-
vers; and that New Netherland (the province) cost 412,800 guilders and
11 stuyvers. See 1 Hazard's state papers, 397.

368 THE GOVERNMENTAL HISTORY OF
Part III. the thirteen colonies.
^EW to the country, and the right thereby acquired was
Patent of recognized as paramount in the intercourse of nations :
Charles ii. Accordingly, soon after his restoration, Charles II. , with-
Duke of out regard to the claims of the Dutch, granted by pat-
York, ent t0 his brother James, then the Duke of York and
Albany, "all that region of country extending from
the western bank of the Connecticut river to the east
ern shore of the Delaware,, together witii the Island of
Long Island." The Duke was at the same time there
by invested with all the powers of government, both
civil and military, with authority to correct, punish,
pardon, govern and rule, according to such laws as he
Precincts saw fit to establish, all subjects who should inhabit in
ers. the territory ; and also to exercise martial law in case
of rebellion, insurrection, seditious meeting, or invasion,
"provided always that the said laws were not contrary
to^but as near as might be agreeable with, the laws of
England," reserving in the crown a right to hear and
* Story, determine all appeals.*
The Dutch were in possession, under Governor Stuy
vesant, when this charter was published; but no in
fringement of their rights as freemen was permitted,
and they were required to be treated rather as subjects
than as enemies or aggressors. They, however, were
not disposed to yield quietly to the domination of the
English, and several times struggled for the mastery of
the soil. They were finally reduced to submission in
Reduction ^he year 1674, when the Duke of York, in order to put
Dutch set- at rest all questions which might arise as to the valid-
tiers, 1674. -ty 0f tne originai grant, applied for and obtained a
Second new patent from the crown, under which the whole
the Duke province, as well as the capital, received the name of
of York. jjew York. This grant conferred the same powers
which were enumerated in the former patent, with the
further provision that no trade should be carried on
with the colony without permission of the Duke ; while
the colonists were permitted to import merchandize
upon paying duties according to the laws of England.

THE UNITED STATES OF AMERICA. 369
THEIR ORIGIN AND DESIGNATIONS. PART III.
Sir Edmond Andros, who was also, made governor- New
general of New England after the Duke succeeded to ^0BK-
the throne, was now appointed to the office of governor m0nd An-
of New York. It was upon the provisions of this grant dros sov"
r r ° ernor.
that Sir Edmond based his claim to the jurisdiction
upon the Connecticut river, when he advanced upon
Saybrook in 1675. His administration under his com
mission was arbitrary and oppressive, and was untram-
meled by the intervention of any representative assem
bly of the people. He returned to England in 1682, Col. Don-
and was succeeded in the office of governor of Newfrnof°y
York, by Colonel Thomas Dongan, who had been1683'
instructed by the duke to call a representative assem
bly of the people. This assembly, with the consent of
the new governor, enacted a Charter of Liberties which
declared—" that the supreme legislative power should
forever reside in the governour, council, and people, in
general assembly convened — that every freeholder and Declara-
freeman might vote for representatives without re- *'°° t0„u.
straint — that no freeman should suffer but by judg- der the
ment of his peers, and that all trials should be by a liberties
jury of twelve men — that no tax should be assessed, 1682,
on any pretence whatever, but by the consent of the
assembly — that no seaman or soldier should be quar
tered on the inhabitants against their will — that no
martial law should exist — and that no person profess- Protestant
ing faith in God, by Jesus Christ, should at any time estab-
be in any way disquieted or questioned for any differ- llshed-
ence of opinion in matters of religion." *
This Charter of Liberties continued to be the basis
of the government after the duke of York succeeded
to the title of James II. The course of legislation and
policy of administration, were thereafter more nearly
assimilated to that of the parent country, than in any,*story,
of the colonies.* Wilson'
New Jersey.
Long Island and the present territory of New Jersey
were both originally comprehended in the provisions of
24

370 THE GOVERNMENTAL HISTORY OF
Part III. the thirteen colonies.
New Jer- the grant to the Duke of York. In the same year in
®ET' x , which it was made to him, he granted to Lord Berke-
Grant by •>
the Duke ley and Sir George Carterett "all the tract adjacent to
Lord0* *° New England, lying westward of Long Island — bound-
Berkeley, ed on the east by the mairi sea and partly by Hudson's
etc., 1664. riyer^ Qn tne wegt by. Deiaware bay or river, and extend
ing southward to the main ocean as far as Cape May,
at the mouth of Delaware bay, or river, which is forty-
one degrees forty minutes lat. ; which tract is to be
Precincts called New Cesarea or New Jersey — together with all
of Ae col- political p0Wers, privileges and royalties thereunto ap-
*Story. pertaining."* It was called New Jersey in honor of
Lord Carterett, one of the proprietors, who was gov
ernor of the island of Jersey in the English channel.
Under the well directed enterprise of these grantees at
was soon settled with a flourishing population.
Govern- The first constitution of government provided that
ment of tne executive authority of the colony should reside
eco ony. ^ ^ gOTernor and council, and the legislative in a gen
eral assembly composed of the governor and council,
and representatives chosen by the people. The powers
of legislation were full, provided the laws and ordi
nances enacted should "be consonant to reason, and as
near as may be conveniently agreeable with the laws
Taxes aud customs of his maJestv's realm of England:"
Freedom Freedom from taxation unless imposed by an act of the
sLn°cne>c. colonial assembly, equality of privileges, and freedom
of conscience, were guaranteed to all.
Subject to On the accession of the Duke of York to the throne,
Sh- Ed- New jei.sey became subject to the government of Sir
dros, less. Edmond Andros, together with New York and the
*June, New England colonies. After his authority termin-
1689- ' ated* it became subject to the executive administra
tion of the governor of New York, though still having
its own legislative assembly.. In the year 1738 it
was made an independent colony under a royal gov
ernor.

THE UNITED STATES OF AMERICA. 371
their origin and designations. Part III.
PENNSYLVANIA.
The earliest settlements in Pennsylvania were made Pennstl-
by Swiss, German, and other emigrants, who derived TANIA-
their titles from various sources. They were brought
under the administration of the governors of New
York, who predicated tlieir authority on the patent
given to the duke of York, in 1664. The source
whence their power was derived, however, caused it
to be regarded as defective, and the governors were
looked upon as usurpers. It remained under this fickle
jurisdiction until the year 1681, when it was granted
by Charles H. to William Penn, a son of Admiral Penn, Grant to
and a member of the society of Friends, as sole pro-pe™^b
prietor. The considerations for this grant were, the Charles n.,
services rendered by his father, the admiral, to the Brit
ish nation, and the expressed desire of the grantee " to
extend the dominions of the crown, and to reduce the
natives, by just and gentle treatment, to the love of
civilized society and the christian religion." Under
the charter to Penn its boundaries wfere clearly defined
and limited, and the territory embraced in its precincts
was formally assigned to him by the duke of York. He
acted as governor of the colony until the year 1684,
when he went to England, and being involved in the
stirring scenes of the English revolution, the proprie
torship of the colony was taken from him and given to 1692.
the governor of New York. It was restored to him
again in 1694, and thenceforth remained under the
proprietorship of himself, or his heirs, down to the
time of our revolution. DELAWARE.
The present state of Delaware, so called after Lord Dela-
De-La-War, was also originally appended to New York, WAEE>
and was purchased of the duke by William Penn in
1682, when it was united to the province of Pennsylva
nia, in which year the first general assembly of the

372 THE GOVERNMENTAL HISTORY OF
Part III. the thirteen colonies.
colony was held, at Chester. This union was dissolved
in the year 1703, from which period down to the time .
of our revolution, the two territories were under the
same executive administration or proprietary, but en
acted their laws by separate legislatures of their own
choosing. MARYLAND
Maryland. ^yas fbe. first instance of the division of a colony and
* Marshall, the establishment of another within its territorial limits,
which was made directly by the crown.* In the year
1632, Charles I. issued a patent to Sir George Calvert,
Lord Baltimore, granting to him and his heirs, " all
that region in America bounded by a line drawn from
Precincts. Watitin's point in the bay of Chesapeake, to the ocean
on the east — thence to that part of the estuary of Dela
ware on the north, under the fortieth degree, where
New England is terminated — thence in a right line, by
the said degree, to the meridian of the fountain of the
Potomac — thence following its course by the farther
* Terram bank, to its confluence with the Chesapeake, and thence
Maria*. to Catkin's point." It was called Mari-land* after
Henrietta Maria, the daughter of Henry IV., king of
France, and tbe wife of Charles I. — and was erected
into a colony under a frame of government entirely
independent of the colony of Virginia.
Design of This charter to Lord Baltimore was evidently a jesu-
pnetors to itical production, and was the basis of the first attempt
Romani06 ma^e *° introduce Bomanism into the English posses-
into sions on the continent of America. Sir George Cal-
enca- vert was an avowed Romanist. He had endeavored to
establish a colony of Roman Catholics in New Found-
land in 1621 ; but, failing in that enterprise, he after-
Death of wards visited Virginia and was very favorably impressed
LordBal- witb the country. Being a favorite with the royal
family he readily obtained the patent of land above
referred to. But he died before the execution of his
Patent to purpose of planting a colony, and the patent was con-
18 son- firmed to his son and heir, Cecil Calvert, who was
equally devoted to the interest of the church of Rome.

THE UNITED STATES OF AMERICA. 373
THEIR ORIGIN AND DESIGNATIONS. PART III.
The charter was written in the Latin tongue, and those Maryland.
provisions of it which related to matters of religion
were couched in language which might well elude
the notice of the crown, and at the same time serve to
further the designs of the patentee. . All that it con
tained in favor of toleration was the equivocal proviso
" that no construction be made thereof whereby God's
holy and truly christian religion should receive any
prejudice or diminution."
The first plantations established under it were com- Planta-
posed of and largely patronized by men professing the ^thT"
Roman Catholic faith. But as it grew, there came patent to
within its jurisdiction many who had imbibed the more Vert.
tolerant principles of protestantism, and were decidedly
opposed to the political elements of papacy. It was Conflict
unavoidable that the colony of Maryland should be estantism.
measurably affected by the principles of freedom which
were developing with the progress of the reformation
in the mother country, and which were now being
evolved with a more practical and conservative energy
in America.
The suspension of the monarchy consequent uponAscend-
the civil war under Charles I. gave to protestantism the protestant-
ascendancy in the colony, and was for a while produc- ism iu the
tive of a more lenient,government as well as more tol- °
erant laws. But the entire abolition of the regal power
was too fatal to the prerogatives of supremacy claimed
by the Romish church, and sought to be re-established
in America, to escape the vigilant energy of Sir Cecil
Calvert, now Lord Baltimore, in whom was con
centered all her hopes of supremacy in the new world. Aiw;ance
The governor, or lieutenant as he was called, and all ofthe colo-
the members of the colonial council, were bound by emment"
oath "to defend and maintain the Roman Catho-?0 Eoman*
lie religion in the full and free exercise thereof."* * l Haz-
Thus it came to pass that, under the protectorate and pad'e ®tate
the commonwealth, an open and decided opposition was
made to the charter and the government of Lord Balti*

374 THE GOVERNMENTAL HISTORY OF
Part III. the thirteen colonies.
Maryland, more ; and parliament proceeded to revoke the one and
overthrow the other. The record of this conflict is
The com- to be found in what was termed "A Breviat of the pro-
monweaith ceedings of the Lord Baltimore and his officers and
revoke the . .
charter, compilers in Maryland against the authority of the par
liament of the Commonwealth of England, and against
his highnesse the Lord Protector's authority, laws, and
government," dated in the year 1656, which declares
that
Reasons "The province of Maryland in that state wherein
forreduc- it stood under Lord Baltimore's government had more
ing his °
govern- need of reducing than any English plantation in
165e_' America, for these reasons, viz :
That he " x- The covenant, laws, and platform of government
upholds established in England, declare the suppression and ex-
ism, tirpation of popery, to which his highnesses oath tends ;
but the Lord Baltimore's government declares and
swears the upholding and countenancing thereof, both
by the officers and people.
For the su- " 2. The Lord Baltimore exercised an arbitrary and
anTpapa- tyrannical government, undertook a princely jurisdic-
cy of his tion, stiles himself absolute lord and proprietor, con-
men™" stituted a privy council, most of papists and the rest
sworn thereto. This privy council must be the legis
lative power, that is to put in execution such laws, the
laws wliich the Lord Baltimore himself makes and im-
poseth, and he makes what laws he pleaseth. The peo
ple are indeed called to assemblies, but have neither leg
islative power, nor of judicature, that being appropria
ted to the privy council or upper-house, so that what is
determined by them admits of no reference or appeal.
_ t. " 3. The Lord Baltimore's grants of land are made
For the na- .ijij.ii.xx
tureofhisto the end that the grantees might be the better
grants- enabled to do him and his heirs all acceptable service,
for the terme is for all service ; to which they must all
swear before they have any grants, without any relation
to, or mention of, the supreme authority of England,
either in this or anything else that passeth there.

THE UNITED STATES OF AMERICA. 375
THEIR ORIGIN AND DESIGNATIONS. PART III.
"4. That the Lord Baltimore issued writs and all Maryland.
other process whatsoever in his own name. For his
"5. Charles Stewart, son of the late king, was in
Maryland proclaimed king of England, &c. ; against For pro-
which no act, order, or proclamation, hath been pub- chariesSIl.
lished by the Lord Baltimore or his officers.
"6. That there was a notable practice of compliance For his
of the Lord Baltimore and his party, with the late ^°^ptb^ 7
king's party in Virginia, against the parliament and regal
their ships — the said Lord Baltimore having gotten
commission from the king at Oxford to seize and take
the ships and goods of all such as would not pay the
. customs there, which the Lord Baltimore was to
receive ; and undertook to put in execution, but failed
thereof through the country's non-compliance.
"And that since the redueement of the said province
under the obedience of the cpmmonwealth of England, See Part I.
"1. That the Lord Baltimore hath utterly disowned For his
and contradicted the said .redueement — terming itp^^-^
rebellion against himself and his government there, ment-
scandalizing and abusing tlie ^etnmnissioners of the
commonwealth of England with the opprobrious names
of factious, seditious, malicious, and rebellious persons,
that they should stir up the people to sedition and
rebellion, and were the abettors thereof.
"2. That the Lord" Baltimore hath from time to For his re
time instigated and animated his officers to oppose and ^stance t0
act contrary to the said redueement, as well by force mon-
of arms as otherwise, commanding them to apprehend wea * '
the state's commissioners and their complices as rebels
to him, and deal with them accordingly ; requiring his
officers to proceed in his own way of government, and
to carry all in his name as before ; notwithstanding
anything done by the said commissioners ; and to
undertake to justify them in such their proceedings,
and to bear them out in it. faellT'
"3. The Lord Baltimore in his last letter to Capt. with the
Stone, .doth blame him for resigning up his govern- 0fVa! W

376 THE GOVERNMENTAL HISTORY OF
Part III. the thirteen colonies.
Maryland, ment into the hands of the lord protector and common-
Reasons of -wealth of England, without striking one stroke; tax-
Parliament . . . .,, ,. ,, , , . .
for redu- ing him with cowardice, that having so many men in
cmStthf arms, he would not oppose ; saying, that Bennett and
Lord Bai- Claiborne durst as well have been hanged as have op-
lesfT' ' posed him, or to that effect.
His abuse "4. That in the last rebellion against his highnesse
of the the lord protector and commonwealth of England, and
tector, &c. the government established in Maryland by their au
thority, the said Lord Baltimore and his officers have
in high measure abused the name of the lord protector,
and under that notion have committed many notorious
robberies and murders agjainst peaceable and loyal sub
jects of the commonwealtjh of England and his high
ness the lord protector ; and to this end raised men in
arms, conferring honours upon base and bloody-minded
people, as well papists as others, and employed them
in a violent and formidable manner in battle array,
Fighting with Lord Baltimore's^ colours displayed, to fight
against the ainst tne ford protec/ ir's government and people,
common- & ... %v_, -, i -n- xi
wealth. yea, to shoot agajast-his highnesses colours, killing the
ensign-bearer ; by which means much blood hath been
shed, many made widows and fatherless, and great
damage, danger, and distress, brought upon the whole
province : the Indians likewise taking occasion and
advantage hereby to fall upon the frontier plantations,
have killed two men and taken some prisoners.
Obtained "Before the alteration of the government here in
his patent England— The Lord Baltimore obtained a pattent from
by fraud. * „,,.,, % ?-., • i
the king, for a tract of land in the bay of Chesapiak
in Virginia, pretending the same to be unplanted ; by
this means takes away the lands from the Virginians,
to whom the same of right belongs ; and not only -so,
but takes away the trade with the nations which they
had many years enjoyed ; and not being able to man
age the trade himself, left it to the Swedes and Dutch,
who furnished the Indians with powder, shot, and guns,
to the great damage and danger of those plantations,

THE, UNITED STATES OF AMERICA. 377
THEIR ORIGIN AND DESIGNATIONS. Part III.
and his highnesses subjects ; and further most unjustly Maryland.
and cruelly disseized Capt. Claiborne and others of the His disper-
island called Kent, though seated and^eopled under habitants'1*
the Virginian government three or four years before °f 7ir-
the king's grant to him ; and not the land only, but
the estates and lives too of such as opposed him or his
officers, hanging some and killing others who sought
the preservation of their rights and interests from
popish violence. Such a beginning had that poor
unhappy plantation, being founded upon the rights *i Haz-
and labours of other men, and begun in bloodshed, J,rds State
JtapsrSj
robbery, and all manner of cruelty. * 628.

Here we have a graphic picture of the bloody and
fearful strife which took place in Maryland under the
effort to establish the papal power in America. The
abolition of the regal authority in the mother country,
as I have elsewhere had occasion to remark, was the
result of the freer development of the elements of
political liberty embraced in the protestantism of the Elements
puritans. They were utterly antagonistic to the po- "[gT^e?0"
litical elements of Romanism, and the record shows tween Ro-
how impossible it was for the two to subsist together aild pr0,
in harmony. ' Puritanism opposed royalty not on testaatism.
account of any inherent aversion it had to that form
of supreme administration in the government, but
because the sovereign claimed to hold his crown, with
all its prerogatives of power, by a hereditary succes
sion derived under a divine appointment, independent
on and irrespective of the will of the subject. Hence
Romanism could not hope to gain or to retain an
ascendency in any of the British possessions, if it
warred against the divine right of the king, or favored
the idea of sovereignty in the people. Claiming to
have in itself the vicegerency of divinity on earth, it
must necessarily claim for the crown' a title whicli
could be derived from no other or inferior source.
This therefore was the political aspect of the contro-

378 THE GOVERNMENTAL HISTORY. OF
Part III. the thirteen colonies.
Maryland, versy ; and it was this, in brief, which enlisted Roman
ism against Protestantism, and Protestantism against
Romanism, both in England and America, and which
engendered a fierce civil war between them in Mary
land as well as in the mother country.
The con- The conflict here was a terrible one, but the fiery
MaMand or(*eal m11st De passed through before the victory could
be complete, and it was well that it should take place
in the infancy of their colonial existence. • It was
another of those experiences in the progress of human
freedom, the contemplation of which makes the soul
shudder, the heart weep, and the blood to curdle as it
courses through the veins. Still it must needs be that
it should come, and its issue was the surer triumph of
Final as- freedom and humanity. Still Protestantism was not
ofnprotest- fully ascendant in Maryland until after the accession of
antism. 'William and Mary to the throne, when the dogma of the
divine right of the king to rule independently of the
will of the people, was forever abolished in England,
and ceased to be defended or respected in America.
In 1692, Maryland was established as a royal colony
Estab- under a protestant government, administered by a
llSht "stent1 governor and council appointed under a commission
colony, from the crown, with an assembly of representatives
chosen by the people. This continued until the. year
1715, when the proprietorship of the colony was
restored to the heirs of Lord Baltimore, and so con-
,„ m„ tinued down to the era of our revolution*
*See Wil
son's U. S. THE CAROLINAS.
The territory of the Carolinas, so called originallyf
1 1664. in honor of Charles IX. of France, was the place which
witnessed Sir Walter Raleigh's early attempts to plant
an English colony in America. It was conveyed by
Mhe_ Charles II. to lords Clarendon and others, in April,
marie 1663, who planted Albemarle county colony. The con-
colopy. stitution at first adopted by the proprietors provided
that the powers of government should be vested in a

1692.

THE UNITED STATES OF AMERICA. 379
their origin and designations. Part III.
governor, to be chosen by the proprietors from a coun- The Caro-
cil of thirteen persons, who were to be nominated by LINAS-
the planters ; and a general assembly composed of the Govem-
governor and council and the representatives of the
people of the several plantations. They were invested
with full powers of legislation, subject to the decision
of the proprietors. The charter itself secured freedom Freedom
of religious opinion. Each settler was to receive*one scisnCQ
hundred acres of land for himself, and fifty for every secured.
servant, provided he came into the province within five
years from this period. At its first meeting the general induee-
assembly enacted that no freeman should be sued, for settiers.
any cause of action originating out of the colony, within
the space of five years, and all persons were prohibited
receiving a power of attorney for the purpose of re-* 'Winter-
• t j Ui. * botham.
covering such debts.
The proprietors finding their plantation to grow very
tardily, notwithstanding these inducements to settlers,
attributed it to the plan of government they had adopted, .
and the famous philosopher, John Locke, was requested
and employed to draft a constitution for the province, Constitu-
which should " make the government of Carolina agree J"^01' by
as nearly as possible to the monarchy of which it was a Locke.
part ; and to avoid erecting a numerous democracy."! f Wilson's
Locke's political theories were ill-adapted to the times u" S-
in which he lived, to the actual condition of man, or to
the existing relations of society. His plan of govern
ment demonstrated the inability of mere closet specu
lation to provide for the regulation of communities, or
the amelioration of the condition of mankind. It was
found in practice to be inadequate to the wants, the
feelings, the condition and character of the people, and
was at length abandoned, when the older form was sub
stantially re-established.
The Albemarle county colony and Cape Fear settle- The early
ments were the earliest ; these were followed by the colomes-
Clarendon county colony, the Cartaret county colony
and others. *

380 THE GOVERNMENTAL HISTORY OF
Part IH. the thirteen colonies.
French A company of French protestants, refugees from the
ants or" persecutions of France, came over in the year 1679, and
Hugue- aided in laying the foundation of the present city of
Charies- Charleston. All of these plantations were eventually
ton. brought under one general board of proprietors. In
1729, the patent to Lord Clarendon was surrendered
back to the crown, when new patents were issued estab-
North and lislilng the colonies of North and South Carolina under
separate charters, the governments under which went
into full operation in 1732.

South Carolina,

GEORGIA.
Georgia. In June, of the same year, a plan was formed in Eng
land, for planting a colony in America, on the territory
lying between the rivers Savannah and Altamahaw,
Object of adjacent to Carolina. The object of the proprietors
ture. "was declared to be "to establish an asylum for perse
cuted protestants of all countries, to strengthen the
province of Carolina, and to provide a home for suffer-
bothanT" mS an(* indigent families in Great Britain and Ireland,
Wilson, in a country where poverty would be no reproach."*
General James Oglethorpe, then a prominent mem
ber of parliament, was the originator of this movement.
Charter He obtained a charter of incorp'oration from George IL,
George H. which conferred the usual powers of corporations in
England. It placed the management of the colony in
the proprietors of the company and a council of sixteen
persons, to be first nominated by the crown and after
wards chosen by the proprietors. General Oglethorpe
Embarka- himself headed the adventure, and embarked with one
G°n °o UUIWred and sixteen persons, in November, 1732. They
thorpe touched at Charleston and thence proceeded to explore
land" I'm. tne country for a convenient place to plant their settle
ment. Arriving at Yamacraw they descried a beauti
ful and elevated plain, above the bluffs which lined the
Planting of bank of a river called by the natives Savannah ; here
Savannah, ^qj planted the city which now bears that name, and
thus was laid the foundation of Georgia, so called in

THE UNITED STATES OP AMERICA. 381
THEIR ORIGIN AND DESIGNATIONS. ?ART III.
honor of the sovereign from whom they procured their Georgia.
charter. General Oglethorpe soon afterwards visited England. Second ex-
He returned again in 1736 with three hundred emi-^*^11 °f
grants, and erected forts at Augusta, Darien, and other thorpe,
places, which were the basis of further settlements.
But the colony did not flourish, although the object of
the proprietors was so humane and benevolent. It
required a more material patronage than was within
the reach or the control of the settlers, to deferid them
from the embarrassments occasioned by the wars be
tween the French and the Indians. The charter was Charter
surrendered back to the crown, when a royal govern- ed'back'to
ment was established over the colony. But being at the crown,
that time a frontier settlement, Georgia was subject to
more embarrassments than beset the other colonies,
and which materially impeded her growth and retarded
her prosperity. The plantation remained in a very crip
pled condition until after the surrender of the Floridas
to Great Britain.

NEW HAMPSHIRE.
This territory was originally a part of Massachusetts New Hamp
SHIRE.

Bay, and most of its early colonial history was developed ^AMP
under the auspices and general jurisdiction of that
colony. The land lying witliin its limits, with a part
of the territory now within the precincts of the state of
Maine, was granted by the council at Plymouth, to Sir
Ferdinand Gorges and Capt. John Mason, of Hamp- patent to
shire, England, under the name of Laconia. They ^rn^erdi'
planted Little harbor, near the mouth of the Piscata- Gorges, 16S2
qua river, and Cochecho no.w called Dover, on the
Cochecho river a few miles above its confluence with
the Piscataqua. The colony was afterwards called New
Hampshire, and was variously and uncertainly governed Designa-
until 1641, when it came more immediately under the Co°onyf. *he
administration of Massachusetts Bay. It was separa
ted again in the year 1680, by a charter from the crown,

382 THE GOVERNMENTAL HISTORY OF
Part HI. the thirteen colonies.
,  2 
New- which erected it into a distinct province* The gov-
shire. ernment under it was composed of a president and coun-
* Wilson's cil appointed by the king, and a house of delegates
Its govern- cnosen Dy the people. Its first general assembly met
ment. at Portsmouth, in March, 1680, and enacted " that no
act, imposition, law or ordinance, should be made, or
imposed upon them, unless adopted by the assembly
and approved by the president and council." The ad
ministration of Andros was extended over New Hamp
shire while he ruled in New England. When he was de
posed the people took possession of the government as
a distinct colony until 1690, when they again placed
themselves under the government of Massachusetts
Bay. This union was again dissolved by the crown a
few years afterwards, and again renewed in the year
Ch n 1699. The two provinces were under the administra-
in her gen- tion of the same royal governor, though each had its
mini^tra- separate legislative assembly, from this period down to
tion- the year 1741, when New Hampshire was permanently
Her em- established as a separate province : As Georgia suffered
barrass- from her location on the extreme southern frontier, so
New Hampshire was harassed, her towns plundered,
Jier houses pillaged and conflagrated, and her children
butchered or led away captive, during the French and
Indian wars which for years disturbed the northern
frontier. 
Classiflca- This cursory reference to the origin of the several
colonial* * colonies into which New England and Virginia were
govern- subdivided, prepares us to proceed with their general
governmental regulations. In doing this I find them
resolved into proprietary, provincial and charter gov
ernments. The Proprietary Governments
„ . 7 Were so denominated because the individual to whom
Fropneta-
ry govern- the grant was made was invested with all power and
authority in the colony, independent on any interfer
ence of the crown or parliament, except, as it was

THE UNITED STATES OF AMERICA. 383
THEIR ORGANIC DIFFERENCES. PART III.
expressly provided, when the grantee departed from Proprieta-
the objects of the grant. The Proprietary- possessed jj_Jft°vern"
all the prerogatives of royalty, and the inferior powers
of legislation which formerly belonged to the owners
of counties Palatine in England. He was authorized
to frame all laws, ordinances, and institutions, which
he deemed necessary to protect or to promote the
interests,, or for the better regulation and government
of the colony. He appointed the governor over it,
and had power to direct him to call an assembly of the
freemen or their delegates, to demand their assistance
in devising the mode in which the functions of the
government should be administered, or he might him
self devise that mode. The chief executive power
resided in the proprietary.
In the early history of the colonies under this form Character
of administration, the whole body of the people met __^h._£_
to enact laws and to provide for the general welfare of trations.
the plantation, but their ordinances were always sub-,.-, .
ject to the revision of the proprietary* who was often stone,
non-resident. ory'
It is obvious that under such a policy of government
many occasions might arise when the exercise of the
prerogatives vested in the proprietary would be of
great detriment, and tend even to the oppression of
the colonists. Laws which in their view were whole
some, just, and necessary, unless they were sanctioned
by his approval, became wholly inoperative and void.
Thus the will of the people was made subject to the
opinions, the wishes, and sometimes even to the arbi
trary caprices, of the proprietary. This was more
particularly the case where his power was -delegated,
as in frequent instances it was, to a lieutenant or a
governor. Hence the history Of those colonies which
were subject to this form of administration, presents Proprieta-
an almost uninterrupted series of controversies be- ments at?"
tween the proprietors or their lieutenants and the the time of
. , . „ , ,. -,-, , . the Revo-
people. At the time of our revolution, Pennsylvania, lution.

384

THE GOVERNMENTAL HISTORY OF

Part III.

THE THIRTEEN COLONIES.

Provincialgovernments.

Peculiarities of
these ad
ministrations.

Delaware, and Maryland, existed under this form of
government. The Provincial Governments
Were those which were framed under a commission
issued by the crown, which usually contained the
appointment of the individual to whom they were
chiefly directed to the office of governor, or vicegerent
Of the king. They derived their characteristic fea
tures from the nature of these commissions and the
instructions with wliich they were accompanied. The
governor, or vicegerent as he was sometimes called,
was required to conduct the administration of the
government agreeably to the laws of England, and
was liable to be punished by those laws in case of mal
administration. A council was also named in the com
mission, who were associated with the governor as
assistants in the performance of his executive func
tions. With their consent, the governor had power to
establish courts ; to appoint judicial and other officers,
and magistrates ; to pardon offences ; to remit fines
imposed, or forfeitures incurred; to collate to churches
and benefices; to levy military forces for attack or
defence, and to establish martial law in times of war,
invasion, or rebellion. The governor also had absolute
power to suspend any member of the council from
office, and to fill any vacancies which might occur, till
the pleasure of the crown should be known in the
premises. These commissions also provided for calling an as
sembly of the freemen by delegates or representatives,
chosen by the people of the several towns. These,
with the governor and council of assistants, composed
the legislative branch of the government, the governor
and council composing the upper branch, and the house
of delegates the lower, with a negative upon their
enactments vested in the governor ; all laws after their
final passage in the province being subject to the

Assemblyof the
people.

THE UNITED STATES OF AMERICA. 385
THEIR ORGANIC DIFFERENCES. PART III.
revision of the crown in England. Both the governor
and judicial officers were dependent upon appropria
tions made by the general assembly for their compen
sation, which regulation operated as a healthful check
against any violent assumption of authority or abuse* story,
- of power. Appeals lay to the crown from the higher gfack-
courts of judicature.* stone.
; New Hampshire, New York, New Jersey, Virginia, Provincial
Georgia, North and South Carolina, existed under this ^en'ts'at
frame of administration at the time of our revolution. the time of
The two last named provinces were originally proprie- union.
tary, but this form of government, as we before said,
was atte'nded with great embarrassment. The haughty
and independent spirit of the people rebelled against
the insolence and oppression of the proprietary. They
threw off their authority, proclaimed themselves inde-
. pendent, and elected their own governor and council,
in 1719. They were subsequently divided and erected „ „
i . i . . , See Caro-
mto separate provinces under a commission from the Unas, ante.
crown. The Charter Governments
Were such as derived their existence under a charter Charter
of incorporation, containing a grant of political powers mente"'
and privileges to the company generally. Their gov
ernor was appointed in the first instance by the crown,
and after that he was chosen by the company. We
have already seen what were the general provisions of Their pecu-
these charters, and how they were evaded or departed "pities.
from in the several colonies or companies established
by them ; and how in the progress of their history
they gradually grew into the exercise of more liberal
executive, legislative, and judicial powers, than were
conferred or warranted by their early charters. The
new charters which some of them received at a later
day, expressly secured to them many of these immu
nities and privileges. Their governors were appointed
by the crown, while the council of assistants was chosen
25

386 THE GOVERNMENTAL HISTORY OF
Part III. the thirteen colonies.
Charter by the general assembly, and the representatives by
S0Vfn"t the people themselves. Massachusetts Bay, Rhode
the time Island, and Connecticut, were the only charter govern-
olution. 6V" ments existing at the time of our revolution. The two
last named were more purely democratic than any
of the others. The governor, deputy governor, coun
cil of assistants, and house of representatives, were
chosen directly by the people, and all other officers
were appointed by them.

Such were the principal features wherein the several
English colonies in America differed in their general
Similarity governmental organizations. I now propose to point
adminis- ou-t those in which they were similar, and which, while
trations. they proclaim their consanguinity to each other and to
the mother country, at- the same time illustrate the
origin and the growth of those ties of political rela
tionship and fraternity which served in the maturity
of their development to harmonize their opinions, to
blend and confirm tlieir sympathies, and ultimately to
bind them together in a perfect, permanent, and happy
union.
Constitu- 1. To all of the colonists and their descendants, in
rights and every of the colonies, were guaranteed " all the rights,
restric- privileges and immunities of native-born subjects of
England," while upon the legislative powers of each
was imposed the restriction that their laws should not
be repugnant to, but as near as might be agreeable
with, the laws of England. This restriction was but
little regarded, however, in most of the colonies, and
does not appear to have been rigidly enforced by the
crown. Their general assemblies availed themselves
of the qualification it seemed to contain, and adopted
a latitude of construction' which admitted the passage
of laws and ordinances differing from those of the
parent state, wherever the latter were regarded as
inappropriate to their circumstances and condition.
Occasions frequently arose which rendered this liberty

tions.

THE UNITED STATES OF AMERICA. 387
THEIR ORGANIC SIMILITUDES. PART HI.
of legislation necessary to their preservation and pros- English
perity. Indeed, in the several colonies the same pro- 5^™°°
visions of the English laws were not found of a like regarded
• ii -i.i i i-i -i among
suitable application, but were adopted with a singular them.
variety of construction. Hence, although each of
them regarded the Common Law of England as its just
and hereditary right, and the basis of its own system
of jurisprudence and administration, it were difficult
to trace the varied superstructure in each to the same _
original source.
We find, however, a much wider departure from their Departures
charter provisions in their legislative enactments than 0f Eng-
in their judicial decisions. These provisions as well as land-
the laws of the mother country, whether springing
from the ordinances of the crown or the enactments of
parliament, were alike disregarded, unless where they
had reference to their relations with the mother coun
try, or with each other, and did not interfere with their
internal policy.
2. The right of the people to choose delegates, who The right
should constitute a branch of their general assembly, of !"e?.re"
D . J ' sentation.
to represent and protect their interests, and to enact
their laws, was rigidly insisted upon and enjoyed by all
the colonies. This right had been already claimed as
a fundamental principle and was conceded in the orig
inal organization of the proprietary and charter gov
ernments ; while under the provincial organizations fre- Controver-
quent controversies arose between the crown and the ^ ^i"*
colonists as to its nature and limitations. "Virginia
was for many years distracted under the government
of presidents and governors with councils, in whose
nomination or removal the people had no voice ; until
a house of burgesses broke out in the colony, without
any powers or directions from the king, or the grand See Part I.
council at home, permitting it. The governor and
assistants of Massachusetts Bay at first intended to rule
the people, and for awhile obtained their consent for it,
but this lasted only two or three years, and although

388 THE GOVERNMENTAL HISTORY OF
Part III. the thirteen colonies.
Right of there was no colour for it in the charter, vet a house
r^DrGSGnt*1 ation. of deputies suddenly appeared in 1634, to the surprise
of the magistrates, and the disappointment of their
schemes for power. The colony of Connecticut soon
followed the plan of Massachusetts Bay. In the col-
See Part n. ony of New Haven, although the people had the high
est reverence for their leaders, and for nearly thirty
years submitted to their magistracy (who, however, be
it remembered, were annually chosen,) without a jury,
yet in matters of legislation from the beginning they
would have their share by their representatives. The
people of the colony of New Hampshire continued
together under the same form as Massachusetts Bay.
" Lord Say tempted the principal men of the Massa
chusetts Bay company, to make themselves and their
heirs nobles, and absolute governors of a new colony,
but under this plan they could find no people to follow
them. After the restoration of Charles II. there is no
instance t»f a colony settled in America without a repre-
Cpntrover- sentative assembly of the people ; nor any attempt to
under°Ut' deprive the colonies of this privilege except in the
James II. arbitrary reign of James II."* The crown claimed
*Hutchm- that this privilege of popular representation originated
not in any inherent right in the people to participate
in the government of the colony, but in its own good
pleasure and bounty. That even the bestowal of the
privilege under the provisions of a charter, or a commis
sion from the crown, or by parliament, did not deprive
the king of the power to recall the grant, or restrain
Claim of its exercise. It was claimed, moreover, that the sover
eign had a right, in the- exercise of his prerogatives of
sovereignty, to fix the number of representatives, to
determine how and when they should be chosen, when
and how often they should assemble, and how long
Claim of their sessions should continue. On the other hand it
lues00'0 was claimed, by the colonies that from the beginning it
was stipulated that they should be invested with and
enjoy " all the liberties, privileges and franchises of

THE UNITED STATES OF AMERICA. 389
THEIR ORGANIC SIMILITUDES. PART III.
native born subjects of England," and one of these was, Right of .
the right of representation in their general assemblies ^?™sent"
by delegates chosen by the people themselves. This,
it was well reasoned, was in effect taken away if a
power resided in the crown to continue an assembly
without a new election of delegates, under any circum
stances. Although in its origin this controversy pre
sented itself in a local aspect/the point at issue was
of too serious a nature to be regarded by the colonists
as of merely local importance. It elicited the interest
and awakened the anxieties of all. They truly argued
that if such a doctrine were to prevail over any portion
of the continent, or over any one of the colonies, it
would open the way for a wider usurpation of sover
eignty on the part of the crown; and the same arbi
trary sway would be in course extended over all the Claim of
rest. They felt that the question involved a vital prin- ^es^tab.
ciple of political freedom, and that it would endanger lished.
all their liberties to give it up. Accordingly the sev
eral colonial assemblies passed resolutions in a bold,
manly, and decisive spirit, insisting on this right, and
claiming it as an established and fundamental element
in their organization : So that at the time of our revo
lution there was not one of them without a represent
ative assembly of its own choosing.
3. The tenure by which lands were holden, was also Tenure of
the same in all of the colonies, and of the most free an s*
and liberal nature, they being " holden of the crown
in free and common soccage, and not in capite, or by
knight-service." They were thus exempted from the
oppressions and servitude which feudalism had intro
duced into the mother country. Being independent
on the will of a superior lord, they almost universally
regarded themselves as sole owners and proprietors of
the soil which they occupied and cultivated. The nec
essary result of this system of tenure was, that it pro
duced one uniform and simple mode of conveying and
transferring property in all America. Deeds and other

390 THE GOVERNMENTAL HISTORY OF
Part III. the thirteen colonies.
Tenure of instruments of conveyance or transfer, when executed,
acknowledged, and recorded, were considered fully
efficient in transferring the title, without any of the
attendant ceremonies of livery of seizin, or taking pos
session, which prevailed in England.*
Poi'ti l ^* ^n their local municipal organizations the colo-
Reiations. nies were distinct and independent of each other, each
colony exercising within its own territorial limits all
the powers necessary for its own internal regulation,
while at the same time they were each and all depend
ent upon the kingdom of Great Britain, declared and
admitted to be a part of its dominions. They freely
acknowledged their allegiance to the crown, were ex-
* Black- eluded from all connection with foreign states, and, as
ry, Kent, dependencies, they followed the fate, and were willing
to follow and to fight the fortunes of the parent coun
try. As such also they severally claimed and enjoyed
the right of appeal to the crown from the adjudications
of their* respective colonial governments, and their
appeals were heard and determined by the king in
council.*
Their reli- 5. The Holy Bible was received as of divine inspir a-
Inter-*111 tion, and Protestant Christianity in whatever form was
course recognized as an element in the organization of civil
government and civil society, whicli gave to either and
insured to both, its life, its efficiency, its freedom and
its permanency, and was the predominant system of
religious faith in all of the colonies. They recognized
the first day of the week as the Christian Sabbath or
Lord's Day, and generally observed it as a day of pub
lic worship, and private devotion and rest, while they
Their fra- prohibited its desecration and disturbance by ordinary
harmony secular business, or noisy mirth. Thus it came to pass
and unity, that in their intercourse and relations with each otlier
they were perfectly amicable, fraternal, and harmonious.
Each inhabitant enjoyed the privilege of free ingress and
egress from one colony, to the other, and could claim
the same rights, liberty, and protection, in the one as in

THE UNITED STATES OF AMERICA. 391
AT THE TERMINATION OF THE FRENCH WAR. PART III.
the other. Like brethren of the same family, sharing
the same benefits, receiving the same protection and
enjoying the same blessings, under the care and over
sight of .the same common parent, whom they all loved
and venerated, they were One People, — one in origin,
one in language, one in religion, one in dependence,
one in inheritance, one in interest, one in sympathy,
and one in destiny.

The Treaty of Peace, which was definitively signed at Close of
Fontainbleau, wherein France ceded to Great Britain *aerJby"_e
all of her possessions east of the Mississippi River, was peace of
an important era in the governmental history of the
colonies. It put an end to the French wars which had
so much distracted the country, and relieved the colo
nists from the agitations and embarrassments so preva
lent during the existence of that power iri America, and
which had so materially disturbed their tranquillity and
impeded their prosperity. Had England take_n advan
tage of the grateful feelings awakened among them by
the peace of 1763, she might have secured forever tlieir its effect
loyalty and allegiance. We may be permitted to cx-"^*®1'
press our surprise at the policy which she pursued, but with Eng-
it was not the province nor was it in the power of human
ingenuity, to uncover the mysterious designs of that
Providence who directs the allotments of men and of
empires. Already, as we have seen, had been developed
and set in operation in the growth of the colonies, a
train of causes whose progressive influences must bring
about their independence. The principles of civil and inherent
religious liberty which had grown to be an inherent and ele^n^
vital part of their constitutional existence, were now pendence.
necessarily brought into collision and conflict with the
paramount authority exercised over them by the parent
state. The component and essential elements of their
political organism as well as their political life, hitherto,
were wholly antagonistic to the condition of political
dependence. And had it not been the event which now

392 THE GOVERNMENTAL HISTORY OF
Part III. origin and CiuSES of the revolution.
gave origin to the controversy which brought about the
revolution, the severance of their allegiance to the
mother country would just as surely have followed upon
some otlier exigency. It was a foregone conclusion in
the decrees of the Omniscient, that this great continent
of North America, with all its vast resources of abun
dance and happiness to our race, must become the abode
of a great nation — the home of free principles — the
sanctuary of true religion, — the refuge of the oppressed
— the hope of mankind — nor could any human fore
thought or sagacity stay the tendencies to this result.
It was foreseen by the sagacious Count de Vergennes
when he remarked upon the conclusion of the treaty,
— "they will no longer need the protection of England,
she will call upon them to contribute toward supporting
the burdens they have helped to bring on her, and they
WaTbilg- wiU answer by striking off their dependence."* And
ton. so it was.
Peace was proclaimed, but to accomplish it had
thrown a heavy burden of debt upon England, while to
preserve it, it was supposed, would require a large
increase of her military establishment." Finding her
own resources insufficient to sustain this weight of debt,
and to supply this increase of expenditure, it was re
solved that it was "just and necessary that a revenue
should be raised in America." Accordingly, in the
spring of 1764, Sir George Granville, then Chancellor
of the Exchequer, introduced and carried through par
liament an act which recited that, —
" Whereas it is just and necessary that a revenue be
raised in America for defraying the expenses of defend-
The reve- jng, securing, and protecting the same, We, the House
or partial of Commons, &c, towards raising the same, give and
mentary ^rmt unto your Majesty the sum of £ — ." Here fol-
17W.1 D' lows a specification of duties and imposts to be levied
in the colonies on West India goods, French and East
India produce, and various foreign articles of luxury —
"the monies arising therefrom to be paid into the re-

THE UNITED STATES OF AMERICA. 393
THE REVENUE SYSTEM OF TAXATION. PART III,
ceiptof his majesty's exchequer, to be entered separate, Pariiamen-
and reserved to be disposed of by parliament towards ^ t3\%&i
defraying the necessary expenses of defending, protect
ing, and securing America."
In defining their relations with the mother country How re
the several colonies had early taken a distinction between America!1
the ordinances of the crown and the enactments of par
liament. They admitted that they were bound to ren
der all due allegiance to the former, while they denied
the supremacy of the latter. They insisted that in
themselves they possessed all legislative powers, and
were not bound by any enactments in which their own
representatives had had no voice, or to whicli they had
not given their assent, and they had always complained
of all such acts as grievances. At times, however, the
decisions of their judiciary had compelled them to
relinquish this position so far as to acquiesce in the
power of parliament to pass such acts as were made to
promote their general welfare, or to regulate their com
merce, or to establish their relations with the mother
country and their intercourse with foreign nations.
And they had even gone so far as to assent to the impo
sition of duties whicli were laid for these purposes.
But still they had always stoutly insisted that parlia
ment had no right whatever to give away their property,
or to levy any internal tax, without their assent.* It * Marshall,
was not that they were unwilling, in their own way, -g^t eto_
and bv.the action of their own assemblies, to contribute and s?,e
... . ii,.. ante> Parts
their just proportion towards defraying any expenses I. and II.
incurred expressly for their benefit. But that the
House of Commons, in which they were not represent
ed, should take to itself the prerogative to give and grant
their property without their consent, was what roused
their opposition to the measure.
They were always particularly sensitive on this sub
ject of taxation for the mere purpose of increasing the
revenues of the crown. The experiment was proposed
under the ministration of Sir Robert Walpole, and he

394 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Pariiamen- declared in opposition to the proposal, that — "it must
tion *1764. ^e a holder man than himself, and one less friendly to
commerce, who should venture on such an expedient."*
As early as the year 1692, the general court of Massa
chusetts Bay passed an act wherein they denied the ex-
Opposition igtence of any right in parliament to impose any tax
coion£sthe upon them. Subsequently to this the general assembly
generally. 0f New York passed a similar resolution, wherein the
supremacy of parliament was denied, not merely on the
point of taxation, but with regard to legislation gen
'l Story, erally.f In the years 1760-61, attempts were made to
collect duties on sugars and molasses imported into
Boston, and writs of assistance were issued to the cus
tom house officers to aid them in enforcing their collec
tion. But the execution of these writs was opposed by
the merchants and the people, and their opposition to
them was so eloquently defended by James Otis, that
John Adams subsequently alluding to that contest as
the first scene of opposition to the arbitrary claims of
Great Britain, declared that "then and there American
independence was born."
Blindness Deluded by the specious pretext of meeting the
istry? mm" expenses incurred during the French war for the ben
efit of the colonies, and. of providing for their future
protection and defence, the ministry seemed to have
overlooked entirely the vast interest of Great Britain
in securing and maintaining them in their allegiance
to her sovereignty. Otherwise it seems incredible that
they should not have seen how much more easy it was
to accomplish their object by encouraging their trade
to the utmost, one-half of the profits of which would
be sure to flow into the royal exchequer through the
increased demand for British manufactures. This,
*i Irving's as Sir Robert Walpole had said, " would be taxing them
Washing- agreeably to their own constitution and laws."*
The colonies also spurned the idea of a fostering
" care over them in parliament, even had they felt that
they needed its protection. It seemed to be exercised

THE UNITED STATES OF AMERICA. 395
the revenue system of taxation. Part III.
only to deprive them of their liberties, and assumed ParhV
too much the attitude and the character of a hostile Nation
exaction. Their general voice was — "if a British 1? 64.
parliament in which we are unrepresented, and over Voice of
which we have no control, can take from us any part nigS°° °"
of our property, by direct taxation, they may take so
much as they please, and we have no security for any
thing that remains, but a forbearance on their part,
less likely to be exercised in our favor, inasmuch as
they lighten themselves of the burdens of government * gtory>
in the same proportion that they impose them upon ^}?ter"
us-„*' Until this period in their history, no act had been Novelty
passed by parliament for the distinct and avowed pur- me_sure.
pose of raising a revenue in America. All its previous
acts related to the establishment and regulation of their
commerce, from which source alone their contributions
to the support of the empire of Great Britain were
sought to be derived. . The causes which under other
circumstances operated to produce their acquiescence
in the superintending care which had been thus exer
cised by the home government, which was mainly
embodied in the restrictions which were imposed by
the acts of navigation, are very vividly portrayed in a
speech delivered in the House of Commons at this
time, and on this very question, by Sir Edmund
Burke. " The colonies," he says, " have submitted hitherto Speech of
to these infringements of their liberties because men ^J^'
do bear the inevitable constitution of their nature with Burke
all its infirmities. The Act of Navigation attended agam8t rt'
the colonies from their infancy, grew with their growth
and strengthened with their strength. They were con
firmed in their obedience to it even more by usage
than by law. They scarcely had remembered a time
when they were not subject to its restraints. Besides,
they were indemnified for it by a pecuniary compensa
tion. Their monopolist happened to be one of the

396 THE GOVERNMENTAL HISTORY OF v
Part III. origin and causes of the revolution.
Pariia- richest men in the world. By his immense capital —
taxation primarily employed not for their benefit but his own —
1764. they were enabled to proceed with their fisheries, their
agriculture, their ship-building, and their trade, too, in
the limits, in such a manner as got far the start of the
slow and languid operations of unassisted nature.
This capital was a hot-bed to them. Nothing in the
history of mankind is equal to their progress. For
my part, I never cast an eye on their flourishing com
merce, and their cultivated and commodious life, but
they seem to me rather ancient nations grown to per-
Speech of fection through a long series of fortunate events, and
mundd" a train of successful industry, accuinulating wealth in
Burke many centuries, than the colonies of yesterday ; than
agains 1 . ^ ^ ^ miserable outcasts a few years ago, not so
much sent as thrust out on the bleak and barren shore
of a desolate wilderness, three thousand miles from all
civilized intercourse. All this was done by England,
while England pursued trade and forgot revenue. You
not only acquired commerce, but you actually created
the very objects of trade in America ; and by that
creation you raised the trade of this kingdom at least
four-fold. America had the compensation of your
capital, which made her bear her servitude. She had
another compensation which you are now going to take
away from her. She had^-except .the commercial
restraint — every characteristic mark of a free people
in all her internal concerns. She had the image of
the British constitution, she had the substance. She
was taxed by her own representatives ; she chose her
own magistrates ; she paid them all. She had in effect
the sole disposal of her own internal government.
This whole estate of commercial servitude and civil
liberty, taken together, is certainly not freedom; but
comparing it with the ordinary circumstances of human
*Burke's nature, it is a happy and a liberal condition."*
Works. ^ This speech not only points out the causes of the
submission of the colonies to the legislative authority

THE UNITED STATES OF AMERICA. . 397
THE REVENUE SYSTEM OF TAXATION. PART III.
hitherto exercised over them by the mother country, Pariia-
but it also discloses those which now inspired their "Nation
resistance. As I have already observed, until now no 1764.
act had been passed by parliament for the avowed pur
pose of [ raising a revenue in America. The word
revenue had not been even used in any previous acts,
which ran through a period of about one hundred
years.* It was avoided in all laws respecting them, * From
which always had reference more particularly to com-1i764
merce and not to revenue ; and while these conduced
to the mutual advantage of the colonies and the crown,
they submitted to the principle of commercial monop
oly thus exercised by the parent government.
But the revenue system, of which this was the com- The prin-
mencement, involved the introduction of a new, an ySvei •
altogether different, a more oppressive and an offensive
policy. It was an innovation which aimed a fearful
blow at their dearest and most sacred rights. It was
utterly at war with what they had learned to regard
and cherish as the very spirit and essence of civil lib
erty, and a fundamental maxim of political economy.
They had grown up with the persuasion and in the
belief, that their own representative assemblies were to
them what the House of Commons was to the people
of England, and that taxation and representation were
concomitant and inseparable qualities in a free govern
ment. But, while the principle involved in the revenue Mode of
» its GnforcP-
policy roused the opposition of the colonies, the man-ment.
ner in which its provisions were sought to be enforced
excited their bitter indignation and resentment.
Men-of-war were, for the first time in the history of
commerce, armed with the regular commissions of cus
tom-house officers ; with these they invested the coasts,
and gave to the collection of the revenue the air of a
hostile contribution. They fell so indiscriminately on
all sorts of contraband, or supposed contraband arti
cles, that some of the most valuable branches of trade

398 • THE GOVERNMENTAL HISTORY, OP
Fart III. origin and causes of the revolution.
Pariia- were driven violently from their ports, which caused an
rxatTn universal consternation throughout the colonies.* Be-
1764. ' sides this, jurisdiction over delinquents or supposed
* Burke, offenders, was confined to a court of admiralty in Eng
land. On mere accusation or even suspicion, parties
Trial of were arrested, and without any preliminary examina-
quents. tion or hearing, were transported over an ocean of
three thousand miles in extent, separated from their
kindred and country, deprived of the opportunity of
carrying on their legitimate business by which their
families were supported, and subject to the trouble and
expense of procuring the attendance in England of wit
nesses on their behalf, or else were convicted and con-
*Bissett. demned without the benefit of their testimony.* Thus
they were deprived of one of the first rights of English
men, trial by a jury of their own countrymen in their
own vicinage. Nor was this the only or full extent of
the evil : the admiralty judge, receiving his appoint
ment from, and holding his office" during the good
pleasure of the crown, and withal deriving his com
pensation out of the penalties and forfeitures arising
under his jurisdiction, could hardly be supposed to
administer judgment with an impartial hand.
Such was the character and such the operation of
parliamentary taxation in America at the close of the
Its effect year 1764. The press, that engine of freedom, more
in the colo- p0Werfnl and formidable than the battering-ram of the
ancients, in every variety and form of publication,
teemed with appeals to the people of both countries,
protesting against this arbitrary exercise of kingly pre
rogatives and parliamentary authority. The merchants
resolved not to import, and the people not to consume,
or use, beyond the limit of actual necessity, any
articles of British production or British manufacture.
1 1 Irving's So that " in Boston alone the demand for siich goods
Washing- wag leggened upwards 0f £10,000, during the' year."f
Such evident tokens of dissatisfaction we might nat
urally enough suppose would not pass unheeded by tne

THE UNITED STATES OF AMERICA. 399
the revenue system of taxation. Part III.
ministry of Great Britain. Instead, however, of taking Pariia-
the alarm, and adopting more cautionary measures, or™™^
a more constitutional mode of accomplishing the object
in view, it was still deliberately insisted that it was
right and just to raise a revenue in America by parlia
mentary taxation. In pursuance of this policy a bill Bill for
J ,.. , -i 1 t j Vi stamp du-
for laying stamp duties was introduced by Lord George ties,March,
Grenville, then at the head of the government, in 1765-
March, 1765.
This bill became generally characterized as the Stamp
Act. It provided that instruments in writing, which
were used in all business aiid commercial transac
tions, all legal documents, promissory notes* deeds, Provisions
commercial papers, official certificates, contracts, con- of thel)i11'
veyances, etc., should be null and void in the colonies
unless they were executed on stamped paper or parch
ment ; which paper or parchment was impressed with'
the stamp of the home government, and charged with
a duty imposed by parliament. The payment of the
duty fell upon any person who purchased the paper for
ordinary or necessary uses. It operated in fact as a
direct personal tax upon almost every inhabitant of the
colonies. The introduction of the bill drew forth in
defence of the position taken by them, or rather in
opposition to the violations of constitutional liberty
contained in its provisions, some of the ablest exposi
tions of the true elements of civil liberty which were
ever made in the halls of the British parliament.
Mr. Charles Townshend, one of the advocates of the Speech of
measure, in the conclusion of a speech in support of Town-
it, said — " and now will these Americans, children shend, in
planted by our care, nourished by our indulgence, till the act.
they are grown to a degree of strength and opulence ;
and protected by our arms, will they grudge to con
tribute their mite to relieve us from tlie heavy weight
of that burden wliich we lie under ?"
Col. Barre" of the opposition, who had served in Col. Barre
America during the French war, replied — " T/iey plant-m reply'

400 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Pariia- ed by your care ? no, your oppression planted them in
taxation America. ' They fled from tyranny to a then unculti
vated and inhospitable country, where they exposed
themselves to almost all the hardships to which human
nature is liable, and among others to the cruelties of a
savage foe, the most subtle, and I will take upon me
to say, the most formidable of any people on the face
of the earth. And yet, actuated by principles of true
English liberty, they met all hardships with pleasure,
compared with those they suffered in their own coun
try- from the hands of those who should have been
tlieir friends. They nourished by your indulgence ?
The Stamp They grew up by your neglect of them : As soon as you
Act, 1765. kegan _0 care about them, that care was exercised in
Col. Barre. sending persons to rule them in one department and
another, who were perhaps the deputies of deputies to
some members of this house, sent to spy out their lib
erties, to misrepresent their actions, and to prey upon
them ; men whose behavior, on many occasions, has
caused the blood of these sons of liberty to recoil
within them ; men promoted to the highest seats of jus
tice, some who, to my knowledge, were glad,by going to a
foreign country, to escape being brought to the bar of
the court of justice in their own . They protected by your
arms ? They have nobly taken up arms in your defence,
have exerted a surprising valour, amidst their constant
and laborious industry, for the defence of a country
Whose frontier was drenched in blood, while its interior
part yielded its little savings to your emolument:
And believe me ; remember I this day told you so ;
that same spirit of freedom which actuated that people
at first will accompany them still. But prudence forbids
me to explain myself further. God knows, I do not at
this time speak from any motives of party heat. What
I deliver are the genuine sentiments of my heart.
However superior to me in general knowledge and
experience the respectable body of this house may be,
yet I claim to know more of America than most of

THE UNITED STATES OF AMERICA. 401
the revenue system of taxation. Part III.
you, having seen and been conversant in that country. Pariia-
The people, I believe, are as truly loyal as any sub-™™^
jects the king has, but a people jealous of their liber-
" ties, and who will vindicate them if ever they should
be violated — but the subject is too dehcate ; I will say
no more."
Sir Edmund Burke, on the part of the opposition to
the bill, rose and said — "The great contests for free- jjjPeS?j1 of
dom in England were from the earliest times chiefly mund
upon the question of taxing. On this point of taxes ur^on
the ablest pens and most eloquent tongues have been Act, 1765.
exercised ; the greatest spirits have acted and suffered.
In order to give the fullest satisfaction concerning the
importance of this point, it was not only necessary for
those who in argument defended the excellence of the
English constitution to insist on this privilege of grant
ing money as a dry point of fact, and to prove that the
right had been acknowledged in ancient parchments
and blind usages 'to reside in a certain body called a
House of Commons. They went further ; they at
tempted to prove, and they succeeded, that in theory
it ought to be so, from the very nature of a House of
Commons as an immediate representation of the people,
whether the old records delivered this oracle or not.
They took infinite pains to inculcate, as a fundamental
principle, that in all monarchies the people must in
effect themselves, mediately or immediately, possess the
power of granting their own money, or no shadow of
liberty could subsist. The colonies draw from you, as
with their life blood, these ideas and principles. Their
love of liberty as with you, is fixed and attached on
this specific point of taxing. Liberty might be safe or
might be endangered in twenty other particulars, with
out their being much pleased or alarmed. Here they
felt its pulse, and as they found that beat they thought
themselves sick or sound. And your mode of govern- <
ing them, whether through lenity or indolence, through
26

402 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Parha- wisdom or mistake, confirmed them in the imagination
taxation. *nat tD-ey as we^ as you na<* an Miterest iu these com
mon principles."
Taxation Charles I. attempted, during his reign, to levy ship-
Charles I. money and other taxes, without the intervention of par-
and James Hanient, and the attempt was resisted as an infringe
ment of the liberties of the people, as well as a violent
invasion of the rights secured to them by the English
constitution. It involved him in a passionate contro
versy with his subjects which terminated in bringing
his neck to the block. James II. undertook to exer
cise a similar policy, but, as we have seen, it resulted
in his expulsion from the throne and a transfer of his
crown to William and Mary, the prince and princess of
Orange.
Develop- These were some of the phases in which the political
theUrevolu- elements of freedom embraced in the protestantism
tion of 0f the puritans were developed. And accordingly as
they reached a more distinct and tangible form, the
religious aspect of the controversy died away, and in
its place arose those more disastrous conflicts between
the political liberties claimed by the people on the one
side, and the assumed prerogatives of the crown
on the other ; which ended only in the establishment
of those fundamental principles of civil liberty which
were the basis of the English constitution, and wliich
declare — "that it was the undoubted right of Eng
lish subjects, being freemen or free-holders, to give
their property only by their own consent, — that the
Principles House of Commons exercised the sole right of granting
established the money of the people of England because that House
by the rev- a[one represented them : that the taxes were the free gift
16S8. of the people to their rulers : that the authority of the
sovereign was to be exercised only for the good of his
subjects — that it was the right of the subjects, of the
people, peaceably to meet together and consider their
grievances, and to petition for a redress of them ; and
if intolerable grievances were unredressed, if petitions

THE UNITED STATES OF AMERICA. 403
THE REVENUE SYSTEM OF TAXATION. PART III.
and remonstrances failed to produce relief, they had the Pariia-
right to seek it by forcible means, by revolution. taxation.
While the struggles which resulted in the establish
ment of these principles were going forward in the
parent state, the colonies were forming in America.
They had imbibed, and incorporated into their own
organizations, all these notions of liberty. The idea
therefore of their submitting to such an infringement
of their constitutional rights: as was now proposed, it
seems could hardly have been seriously entertained by
the advocates of the measure. "It must have been
supposed," savs governor Bernard of Massachusetts Opinion of
ff J , . ,. ,. . Governor
Bay, "that such an mnovation, as a parliamentary tax- Bernard.
ation, would cause great alarm, and meet with much
opposition in most parts of America. It was quite new #
to the people and had no visible bounds to it."* botham.
Dr. Franklin was in Boston when governor Shirley
communicated to him the profound secret, the great
design then entertained, of taxing the colonies by act
of parliament. In remarking, upon the proposed scheme, Opinion of
Dr. Franklin denied the right of parliament to impose 4i£ mr__ti!
any tax, or to compel the colonies to pay money for cipation of
their own defence, without their consent. He then
declared that all America would deny it,# insisting
at the same time, "if parliament is to tax the colonies,
their assemblies of representatives may be dismissed as
useless;, that taxing the colonies by parliament for their
own defence against the French, would not be more
just, than it would be to oblige the cinque-ports, and
other parts of Great Britain, to maintain a force against
France, and tax them for this purpose, without allow
ing them representatives in parliament; that the colo
nies have, at the hazard of their lives and fortunes, ex
tended the dominions and increased the commerce and
riches of the mother country; that therefore the colo- . gge ltf
nists did not deserve to be deprived of the native right of John
of Britons, the right of being taxed only by representor voify'
fives chosen by themselves."*

404 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Pariia- "We had considered ourselves," says John Adams,
taxation. " as connected with Great Britain, but we never thought
Opinion of parliament the supreme legislature over us. We never
Ims* ^d" generally supposed it to have any authority over us, but
from necessity, and that necessity we thought confined
to. the regulation of trade, and to such matters as con
cerned all the colonies together. We never allowed
Duties on them any authority in our internal concerns. Duties
^bm^d7 ^or regulating trade we paid, because we thought it just
to. and necessary that they should regulate the trade which
their power protected. As for duties for a revenue,
none were ever laid by parliament for that purpose
until 1764, when, and ever since, its authority to do it,
*Life of has been constantly denied."* In the same year Mr.
amsnvof" Otis, m n^s Rights °f t^e Colonies, showed conclusively
iv. ' that it was inconsistent with the right of British sub
jects that they should be taxed but by their own repre
sentatives. And now, while the Stamp Act was yet
pending in parliament, petitions against the measure
were sent to the king, and remonstrances were ad
dressed to parliament, by the several colonial assem
blies, through the medium of the Board of Trade in
London. These papers were committed to the agency
of Dr. FrWklin and others who added their personal
protest against the measure. But they were ungra
ciously received, the mad policy was persisted in, the
Passage of Stamp Act was passed, and every variety of stamped
ActStamP PaPer designated by it was transported in large quanti
ties to America, to be placed in the hands of British
agents to be sold.
The publication of the act in the colonies produced
the greatest excitement. And, it is a singular fact in
the history of the controversy it originated, that the
Demon- first demonstration of opposition to its provisions should
against'it have emanated from Yirginia, the most royal, and per-
in Virginia, haps, too, the most truly loyal colony in all America.
See Part I. Yet if we refer back to her early experience we will
find that whatever her attachments to the mother coun-

THE UNITED STATES OF AMERICA. 405
THE REVENUE SYSTEM OF TAXATION. PART III.
try Virginia was always peculiarly tenacious of the The stamp
authority of her general assembly, and extremely sen- '
sitive on this very point of taxing. It now so happened,
and we may well believe it was not a mere chance co- »
incidence, that her general assembly was in session
when the passage of the Stamp Act was announced on
this side of the Atlantic, and on the twenty-ninth day its recep-
of May the discussion of it was commenced. Among y^^
the burgesses sat the afterwards eminent patriot, Pat
rick Henry, then a young man, who had recently dis
tinguished himself as a lawyer in arguing a case which,
on his side, involved opposition to the exercise of the
prerogatives of the crown in church matters. He was
now for the first time returned as a member of the
assembly. He had studied the old records of the colo- Patrick
ny, and imbibed from them the true spirit of liberty enry'
with which they were rife. Above many of his time,
and of his years, he had watched the developments of
protestant freedom, both in the old world and the new,
and with prophetic confidence had cherished the con
viction that a higher emancipation from the restraints
of arbitrary and oppressive kingly prerogatives, and
parliamentary authority, was in store for his country
and for mankind. Rising in the midst of the discus
sion, all eyes were at once directed towards him, and all
ears gave wrapt attention as he proposed and read the
following preamble and resolutions:
" Whereas, The Honorable the House of Commons Virginia
in England, has of late drawn into question how far the ™,J__™"
general assembly of this colony hath power to enact
laws for laying taxes and imposing -duties, payable by
the people of this his majesty's most ancient colony,
for settling and ascertaining the same to all future
times, the Hfluse of Burgesses of the present general
assembly have come to the several following resolu
tions :
" Resolved, that the first adventurers and settlers of Bights of
this his majesty's colony and dominion of Virginia, settlers.

406 THE GOVERNMENTAL HISTORY OF
Part in. origin and causes of the revolution.
The Stamp brought with them, and transmitted to their posterity,
giiiLiWeB. an^ a^ °thers his majesty's subjects since inhabiting in
this his majesty's colony, all the privileges and immuni
ties that have at any time been held, enjoyed, and pos
sessed, by the people of Great Britain.
Their char- "Resolved, that by two royal charters, granted by
gegp|RjSj king James I., the colonies aforesaid are declared enti
tled to all the privileges of denizens, and natural born
subjects, to all intents and purposes as if they had been
abiding and born within the realm of England.
Taxation " Resolved, that the taxation of the people by them-
sentatimi" selvesj or by persons chosen by themselves to represent
character- them, who only can know what taxes the people are
British able to bear, and the easiest mode of raising them, and
freedom. are eqUa__y affected by such taxes themselves, is the
distinguished characteristic of British freedom, and
without which the ancient constitution cannot subsist.
An ancient "Resolved, that his majesty's liege people of this
Virginia most ancient colony, have uninterruptedly enjoyed the
right of being thus governed by their own assembly in
the article of their taxes and internal police, and that
the same hath never been forfeited, nor in any other
way yielded up, but hath been constantly recognized
by the king and people of Great Britain.
Destruc- " Resolved therefore, that the general assembly of
freed°ofm in *ms C(ncmy have the sole power to lay taxes and impo-
America sitions upon the inhabitants of this colony, and that
land. nS" any attempt to vest such a power in any person, or per
sons, whatsoever, other than the general assembly afore-
* Statutes sa^' nas a mamfest tendency to destroy British as well

>?#

at large, as American freedom.'
Speech of Mr. Henry went into an able and elaborate argument
Patrick ^.0 vindicate these resolutions as expressive of the con
stitutional rights of the colonies, and closed with those
glowing words of warning and of eloquence so well
described by Wirt — " Caesar had his Brutus, Charles
the First his Cromwell, and George the Third" —
" Treason ! treason ! " cried the speaker, Mr. Robinson,

THE UNITED STATES "OF AMERICA. 407
THE REVENUE SYSTEM OF TAXATION. PART III.
and others — " may profit by tlieir example," continued The Stamp
the orator, and then nodding to the speaker, added — t^iaAn "'
" Sir, if this be treason make the most of it ! " and then 1765.
sat down. The resolutions were passed.* .* Se6 Irv_
Soon after their passage, the lieut. governor, Fau-washing-
quier, dissolved tlie assembly, and writs were issued ton>
directing a new election of burgesses. Those who had
voted for the resolutions were unanimously re-elected,
while those who had opposed them were defeated.
Resolutions proclaiming the same doctrines and breath
ing the same spirit, were also passed by the assemblies
of New York, Massachusetts Bay, South Carolina, and in New
• York etc.
most of the other colonies as they convened.
" These resolves," says John Adams, " expressed the
universal opinion of the continent at that time, and the
alacrity with which every other colony, and the con
gress at New York, adopted the same sentiment in simi
lar resolves, proves the entire union of the colonies in
it, and their universal determination to avow and sup
port it."f Town meetings were everywhere called, at \ Life of
which the people passed resolves instructing their rep- ^"JjJ^
resentatives in the provincial assemblies to oppose any vol. iv.
measure whose object was to uphold the Stamp Act.
The following letter of instructions emanating from A voice
tbe spot where the first settlement in New England waspj"™^^
planted, the old town of New Plymouth in Massachu
setts' Bay, addressed by his constituents to their repre
sentative in the general assembly of that colony, is inter
esting not only for the spirit which it breathes, and the
sentiments which it contains, but also as illustrative of
the feeling of hostility to the proceedings of parhament
which pervaded all the colonies.
"You, sir, represent a people who are not only de
scended from the first settlers of this country, but in
herit the very spot they first possessed. Here was first
laid the foundation of the British empire on this part
of America", which, from a very small beginning, has
increased and spread in a manner very surprising, and

408 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The Stamp almost incredible, especially when we consider that all
ception in "this has been effected without the. aid or assistance of
America, any power on earth ; that we have defended, protected,
and secured ourselves against the invasions and cruelty
of savages, and the subtlety and inhumanity of our in
veterate and natural enemies, the French ; and all this
without the appropriation of any tax by stamps, or
stamp acts, laid upon our fellow-subjects, in any part
of the king's dominions, for defraying the expense
thereof.
A voice " This place, sir, was at first the asylum of liberty,
Plymouth an<^ we hope will ever be preserved sacred to it, though
it was then no more than a barren wilderness, inhabited
only by savage men and beasts. To this place our
fathers — whose memories be revered — possessed of the
principles of liberty in their purity, disdaining slavery,
fled to enjoy those privileges wliich they had an un
doubted right to, but were deprived of by the hands of
violence and oppression in their native country.
" We, sir, their posterity, the freeholders and other
inhabitants of this town, legally assembled for that
purpose, possessed of the same sentiments, and retain
ing the same ardor for liberty, think it our indispensa
ble duty, on this occasion, to express our sentiments
of the Stamp Act and its fatal consequences to this
country, and to enjoin upon you, as you regard not
only the welfare, but the very being of this people, that
you — consistent with our allegiance to the king, and
relations to the government of Great Britain — disre
garding all proposals for any other purpose, exert all
your power and influence in opposition to the Stamp
Act, at least till we hear the success of our petitions
for relief. We likewise, to avoid disgracing the memo
ries of our ancestors, as well as the reproaches of our
own consciences, and the curses of posterity, recom
mend it to you, to obtain, if possible, in the honorable
house of representatives of this province^ a full and
explicit assertion of our rights, and to have the same

THE UNITED STATES OF AMERICA. 409
THE REVENUE SYSTEM OF TAXATION. PART III.
entered on their public records, that all generations yet The Stamp
to come may be convinced, that we have not only a just reception/
sense of our rights and liberties, but that we never, ;n Ameri-.
ca 1'765
with submission to Divine Providence, will be slaves to -
any power on earth."
George Washington of Virginia, was a member of George
the house of burgesses of that colony when Patrick J_^shms"
Henry moved the resolutions already referred to, and
gave to them his approval. After the adjournment of
the assembly he retired to his seat at Mount Vernon.
Hitherto he had taken no active part in political life ;
out the proceedings of the assembly, and the general
aspect of things throughout the colonies, now evidently
seemed to attract his most interested attention. With
that calm composure and thoughtfulness for which he
was always so remarkable, he surveyed the scene, and
thus expressed himself in a letter to Mr. Francis Dan-
dridge, then in London, dated September twentieth.
" The stamp act imposed on the colonies by the par- Opinion of
liament of Great Britain, engrosses the conversation of w^*'°^' ton upon
the speculative part of the colonists, who look upon its policy.
this unconstitutional method of taxation as a direful
attack upon their liberties, and loudly exclaim against
the violation. What may be the result of this, and of
some other (I think I may add ill-judged) measures, I
will not undertake to determine ; but this I may ven
ture to affirm, that the advantage accruing to the
mother country, will fall greatly short of the expecta
tion of the ministry ; for certain it is, that our whole
substance already in a manner flows to Great Britain,
and that whatsoever contributes to lessen our importa-How hurt.
tions must be hurtful to her manufactures. The eyesful*oEnS-
of our people already begin to be opened, and they
will perceive that many" luxuries, for which we lavish
our substance in Great Britain, can well be dispensed
with. This consequently will introduce frugality, and
be a necessary incitement to industry. If Great Brit
ain therefore, loads her manufactures with heavy taxes

410 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The Stamp will it not facilitate such results ? They will not com-
^ept'io^ [^"pel us, I think, to give our money for their exports,
America, whether we will or not : And I am certain, that none
of their traders will part with them without a valuable
consideration. Where, then, is the utility of those
restrictions ? As to the Stamp Act, regarded in a sin
gle view, one of the first bad consequences attending
it, is, that our courts of judicature must inevitably be
shut up ; for it is impossible, or next to impossible,
under our present circumstances, that the act of par
liament can be complied with, were we ever so willing
to enforce its execution. And not to say (which alone
would be sufficient) that we have not money enough
to pay for the stamps, there are many other cogent rea
sons which prove that it would be ineffectual. If a stop
* Writings is put to our judicial proceedings, I fancy the merchants
inetonSh °^ Great Britain trading to the colonies will not be
vol. u. among the last to wish for a repeal of the act."*
The gener- At this crisis the general assembly of Massachusetts
biy 0f Bay resolved that it was expedient to convene a gen-
Massachu- erai congress of delegates from the several colonies, in
setts Bay ° ° '
proposes a order to consult together as to the most advisable mode
congress. °f meeting the exigences of the country. Pursuant
to this resolution circular letters were addressed to
the several provincial assemblies, recommending the
holding of such a convention in the city of New York
Responded on the first Monday of October then next. The legis-
SouthCar-lature of South Carolina was the first south of New
plina. England to accede to this proposal. The influence of
her example served to allay the apprehensions of those
colonies which doubted the expediency of the measure :
And so universal was the sentiment of opposition
throughout America, that at the time and place desig
nated twenty-eight delegates assembled, representing
And other Massachusetts Bay, Rhode Island, New York, New
Jersey, Pennsylvania, Delaware, Maryland, and South
Carolina. The governors of Virginia, North Carolina, and

THE UNITED STATES OF AMERICA. 411
THE REVENUE SYSTEM OF TAXATION. PART HI.
Georgia, interfered and prevented those colonies from The colo-
sending delegates ; but each of them forwarded peti- _^LC ?°'
tions and resolutions, in which they strongly condemned New York,
the policy, and insisted upon the unconstitutionality of
the Stamp Act.
This congress addressed a petition to the crown, alts pro-
memorial to the House of Lords, and a remonstrance cee ns '
to the House of Commons, stating their grievances and
praying for redress. They also prepared and published
a Declaration of Rights, in which they set forth the
wrongs of which they complained, and the rights which
they insisted upon. As exhibiting their true position in
relation to the mother country at this stage of the con
troversy, it necessarily forms a part of our history.

Declaration of Rights by the Colonial Congress.
"The members of this Congress, sincerely devoted Declara-
with the warmest sentiments of affection and duty to rights, Oct.
his majesty's person and government, inviolably at-1"765-
tached to the present happy establishment of the pro
testant succession, and with minds deeply impressed by
a sense of the present and impending misfortunes of
the British colonies on this continent, having consid
ered, as maturely as time will permit, the circumstances
of the said colonies, esteem it our indispensable duty
to make the following declarations of our humble
opinion respecting the most essential rights and liber
ties of the colonists, and of the grievances under which
they labour, by reason of several acts of parliament.
They declare therefore, —
" I. That his majesty's subjects in these colonies, owe Nature of
the same allegiance to the crown of Great Britain thatjj)^^
is owing from Iris subjects born within the realm, and tne crown,
all due submission to that body, the parliament of
Great Britain.
"II. That his majesty's liege subjects in these colo- Their
nies are entitled to all the inherent rights and liberties ^i^.^

412 . THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Declara- 0f his natural-born subjects within the kingdom of
tion of „ -r, . .
rights. Great Britain.
Consent " ni. That it is inseparably essential to the freedom
totaxa-ry of a people, and the undoubted right of Englishmen,
tion- that no taxes be imposed on them but with their own
consent, given personally or by their representatives.
Represent- u jy That tne peopie 0f these colonies are not, and
ation in ... ... ,-,
parliament from their local circumstances cannot be, represented
cabTe?Cti" in tlie House of Commons in Great Britain.
Constitu- " V. That the only representatives of these colonies
taxes1 are Persons chosen therein by themselves, and that no
taxes ever have been, or can be constitutionally, im
posed upon them, but by their respective legislatures.
Supplies to « y t_ That all supplies to the crown being free gifts
the crown. ... . ...
from the people, it is unreasonable and inconsistent
with the principles and spirit of the British constitu
tion, for the people of Great Britain to grant to his
majesty the property of the colonies.
Trial by « yrj -phat trial by jury is the inherent and inval-
jury. J J J
uable right of every British subject in these colonies.
Unconsti- « VIH. That the late act of parhament entitled
ofthe act. 'An Act for granting and applying certain Stamp
duties, and other duties, in the British colonies and
plantations in America,' &c. ; imposing taxes on the
inhabitants of these colonies ; and the said acts, extend
ing the jurisdiction of courts of admiralty beyond
its ancient limits, have a manifest tendency to subvert
the rights and liberties of the colonists.
Taxes im- "IX. That the duties imposed by several late acts
densome. * °f parliament, from the peculiar circumstances of these
colonies, will be extremely burdensome and grievous ;
and from the scarcity of specie, the payment of them
absolutely impracticable.
Profits of "X. That as the profits of the trade of these colo-
toEng- nies ultimately centre in Great Britain, to pay for the
land. manufactures which they are obliged to take from
thence, they eventually contribute very largely to all
supplies granted to the crown.

THE UNITED STATES OF AMERICA. 413
the revenue system of taxation. Part III.
" XL That the restrictions imposed by several late Restrfc-
acts of parliament, on the trade of these colonies, will 5l_j_ t"J_g
render them unable to purchase the manufactures of
Great Britain.
" XII. That the increase, prosperity, and happiness Source of
of these colonies depend on the full and free enjoy- St^TooJ
ment of their rights and liberties, and an intercourse onies-
with Great Britain mutually affectionate and advan
tageous. " XIII. That it is the right of the British subjects Right of
in these colonies to petition the king, or either house Petltl0n'
of parliament.
" XIV. That it is the indispensable duty of these Their duty
colonies, to the best of sovereigns, to the mother coun- t0 Procure
' ° ' a repeal ot
try, and to themselves, to endeavor, by a loyal and the stamp
dutiful address to his majesty, and humble application ° ' e °"
to both houses of parliament, to procure the repeal of
the act for granting and applying certain stamp duties ;
of all clauses of any other acts of parliament, whereby
the jurisdiction of the admiralty is extended as afore
said ; and of the other late acts for the restriction of
American commerce."

These proceedings were made public after the ad- PuMica-
journment of the congress, were endorsed by the legis- !£__ °ef_.
latures of the several. colonies, and were generally com- ings.
mended and approved by the people. The spirit which
had animated tlieir deliberations was universally dif
fused throughout America, and in all parts of the coun
try exhibited itself in various hostile expressions of
their indignant sense of outrage.
By its provisions the Stamp Act was to go into effect
on the first of November. The agents appointed to
receive the stamped paper and. to enforce the collection'
of the stamp duties, were burned in effigy, their offices
were demolished, and they were obliged to resign their
agency or quit the country. Banners were everywhere
displayed with the inscription, liberty and property for-

414 THE GOVERNMENTAL HISTORY OF'
Part III. origin and causes of the revolution.
Popular ever, and no stamps. In Philadelphia, and other sea-
strations Por* tow118? on the arrival of tlie Stamps, and at the"
against the date when the act was to take effect, the flags in the
1765-6. ° ' harbour were placed at half-mast, the bells were
muffled and tolled during the day, and the citizens put
In Phiiar on the habiliments of mourning. Like scenes were;
etcPhia' enacted in New York, in Virginia, in Maryland, and in
the New England Colonies.
In Boston. In Boston the stamp distributor was hanged in effigy,
his windows broken, his office destroyed, and the effigy
taken down and burned with the fragments-* A paper
was issued called The Constitutional Courant, with the
* Irving's device of a snake cut into eight pieces ; the head bear-
ton.8 mS' ing the initials N. E. for New England, and the other
parts the initials of New York, New Jersey, Pennsyl
vania, Maryland, North and South Carolina, with the
motto join or die. A handbill was also posted at the
corners of the streets, and in all places of public resort,
bearing the inscription in large capitals,.
" PRO PATRIA.
The first man that either distributes or makes use
of stamped paper, let him take care of his house, per-
u. s. win- son> an(i effects. We dare,
terbotham. yox PoPULl.» *

In New "•"•n ^ew York, the act was printed and carried
York. about the streets on a long pole, surmounted by a
death's head, with a scroll inscribed, The folly of
England and ruin of America. Colden, the lieu
tenant governor, who acquired considerable odium
by recommending to government the taxation of the
colonies, the institution of hereditary assemblies, and
other tory measures, seeing that a popular storm
was rising, retired into the fort, taking with him the
stamp papers, and garrisoned it with marines from a
ship-of-war. The mob broke into his stable, drew out
his chariot, put his effigy into it, paraded it through

THE UNITED STATES OF AMERICA. 415
THE REVENUE SYSTEM OF TAXATION. PART III.
the streets to the common, (now the park,) where they Popular
hung it on a gallows. In the evening it was taken ^°nst!ar
down, and again put into the chariot with the devil for against the
a companion, and escorted back by torch-light to the i*/^ ° '
Bowling Green, where the whole pageant, chariot and* Irving's
all, were burnt under the very guns of the fort."* to„s mg"
Mr. Jared Ingersoll of New Haven, Connecticut, in Con-
was in London with Dr. Franklin, where he appeared ne0tl0IIt"
as the agent of the colony to present their remon
strance against the , passage of the Stamp Act. He
returned to America after the passage of the act, with
a commission appointing him to the office of stamp-
master. "Having accepted the place," says Hollister, "Mr.
Ingersoll was determined to discharge its duties. Still
he sought to concihate his fellow-townsmen at New
Haven, who, for the most part, were opposed to the
law." No one could doubt, at this day at least, that, in
either effort, Mr. Ingersoll had undertaken a very
perilous and difficult task, whatever may have been his
motives in accepting the office. The boldness and
courage with which he undertook to defend his posi
tion and enforee the law, in- the face of a people who
had committed to him the high and honorable post of
personating their hostility to it before parliament, are
certainly very remarkable.
" The act is so contrived," he says to the enraged Mr. Inger-
colonists, "as to make it for your interest to buy the^^^
stamps. When I undertook the office, I meant a serv
ice to you." "Stop advertising your wares till they
arrive safe at market," said one. — "The two first letters
of his name are those of a traitor of old," shouted a
second— and added bitterly, " it was decreed that our
Saviour should suffer; but was it better for Judas
Iscariot tp betray him, so that the price of his blood
might be saved by his friend ? " At last the citizens
gathered around his house in great numbers. — " Will

416 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Popular you resign ?" was the pointed inquiry that they put to
tions°nStra"him "I know not if I have the power to resign,"
against the answered the resolute man.
F765-6. °' "On the- seventeenth of September, a town meeting
was held, and Ingersoll was called upon by a public
vote to resign his office without delay. — ' I shall await
to see how the general assembly is inclined,' said the
stamp master evasively."
In Con- Not being able to remain in New Haven, he deter-
necticut. mine(j to visit the general assembly, then in session at
Hartford. Notwithstanding he was accompanied by
his excellency, Governor Fitch, the presence of the
chief magistrate of the colony did not deter the people
from having their will in the matter. He was followed
by a large concourse of citizens, who, when they ar
rived in the neighborhood of Wethersfield, were met
by a cavalcade of five hundred freeholders and farm
ers ; all well armed, not with carbines and steel blades,
* 2 Hollis- but with ponderous clubs* who called upon him to
ttfConn*' resign his office of stamp master. On his remonstra
ting, the crowd replied, "It don't signify to parley;
here are a great many people waiting, and you must
resign." Ingersoll. "I wait to know the sense of the govern
ment. Besides, were I to resign, the governor has
power to put in another."
The People. "Here is the sense of the government ;
and no man shall exercise your office."
Ingersoll. " What will follow if I won't resign ? "
The People. "Your fate."
Ingersoll (calmly.) " I can die, and perhaps as well
now as at any time. I can die but once."
Durkee (impatiently.) " Don't irritate the people."
Ingersoll. " I ask for leave to proceed to Hartford."
Durkee. "You shall not go two rods till you have
resigned." After some further parley, seeing that the people
were in earnest and that there was no escape, Ingersoll

THE UNITED STATES OF AMERICA. 417
THE REVENUE SYSTEM OF TAXATION. PART III.
concluded that "the cause was not worth dying for," Popular
and placed his signature to the form of resignation d.eraonstra"
prepared by the people for the occasion, as follows : against the
Stamp Act,
"Wethersfield, September 19th, 1765. m5~6,
"I do hereby promise that I never will receive any
stamped papers which may arrive from Europe, in con- necticut.
sequence of an act lately passed in the parliament of
Great Britain ; nor officiate as Stamp-Master, or Dis
tributor of stamps, within the colony of Connecticut,
either directly or indirectly. And I do hereby notify
to all of the inhabitants of his majesty's colony of Con
necticut, (notwithstanding the said office, or trust, has
been committed to me,) not to apply to me, ever here
after, for any stamped paper ; hereby declaring that I do
resign the said office ; and execute these presents of my
own free will and accord, without any equivocation or
mental reservation. In witness whereof I have here
unto set my hand. J. Ingersoll."
" Swear to it," cried the people ; to which request he
declined to accede. " Then shout liberty and property
three times," responded the crowd. At this, Ingersoll
took off his hat and united with the joyous people in .
the shout for freedom. The governor, under similar
demonstrations of opposition, afterwards followed the
example of Ingersoll, and the Stamp act and stamped w 2 Hoffi
paper were universally condemned in Connecticut."* ter's Hist.
of Conn.
In New Hampshire, on the morning of the day on j^ _j-ew
which fhe act was to go into effect, at sunrise, the bells B-amp-
began to toll. The people gathered as for a funeral
procession. Eight persons bore upon their shoulders a
coffin inscribed Liberty, which was supposed to contain
her remains. Accompanied with the discharge of
minute guns, the crowd moved slowly and mournfully
towards the place of interment. When they came to
the grave, a funeral oration was pronounced, and the
coffin was lowered with deep solemnity into the vault
27

418 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Popular prepared for its reception, when, suddenly, signs of
tions°nStra animation were discovered, the coffin was raised and
against the inscribed Liberty revived. Shouts and acclamations,
1765-6. ° ' the cheerful sound of the trumpet, the noise of the fife
and the drum, and the merry peal of the bells, an
nounced the joyful event, and re-inspired the despond-
U. States8 ing heart of the people.*
There is nothmg so forcible, so powerfully expressive
of the spirit which pervaded the colonies at this time, as
these various modes in which it was manifested. There
are none of the uses of language so significant. They
were not the wild and incoherent ebullitions of a law
less mob, or an infuriated populace, for they were
devised by men of character, station, and influence,
and were everywhere conducted with decency and deco
rum. They were sober and rational indications of a
sense of real, deep, felt oppression, and addressed
themselves to the noblest and best sympathies of our
nature. Meanwhile the colonies went on regularly in
the transaction of business in their courts ; and the
people continued their daily avocations in all the
Business departments of trade and commerce, printed and cir-
t™"sacted culated their newspapers, and executed all needful con-
stamped veyances of property ; and the Congress at New York
paper' gave publicity to its proceedings ; without using stamped
paper, and as if no such act had been passed.
Non-im- Associations for the non-importation of British man-
portation ufac_ures were formed by the merchants of New York,
aesocia- •> '
tions. to continue until the Stamp Act should be repealed.
Their example was imitated by the merchants of Bos
ton, of Philadelphia, of Baltimore, and other seaport
towns. Committees were appointed by these several
associations, in their respective localities, whose duty it
was to inspect British cargoes, and to report those who
traded in or purchased the articles prohibited ; and the
transgressors were censured not only, and avoided, but
their names were also posted and published in the news-
*Bissett. papers, and themselves proclaimed odious.*

THE UNITED STATES OF AMERICA. 419
the revenue system of taxation. Part III.
Articles of union were entered into between New Demon-
York and Connecticut, in which they avowed their alle- __^ng°J_e
giance to the crown, and their strong attachment to Stamp Act,
the parent state. They declared that they had united for Coioniai'
the sole purpose of defending themselves against the associa-
wrongs sought to be inflicted by parliament ; they pro
tested strongly against its enactments as aggressions
upon their liberties, and seem not to have desired, or
even thought of, a separation from the dominion of
Great Britain. The colonies of Massachusetts Bay and'
New Hampshire soon united in the league . "At the sug- Commit-
gestion of Samuel Adams of Boston, a committee of cor- reSpond-
respondence was appointed in Massachusetts Bay. In- ence-
stantly every colony, nay every county, city, hundred, and
town, upon the whole continent, adopted the measure,
I had almost said, as if it had been a revelation from * Life of
above, as the happiest means of cementing the union l^^'4
and acting in concert."*
The swell of this mighty and united torrent of oppo
sition spread across the Atlantic. At its tumultuous
and prophetic murmur the throne trembled, the nation
was convulsed, and the kingdom of Great Britain
Through all her gates gave signs of woe. .
The check thus given to the commercial intercourse The effect
between the two countries, stopped the manufacturing _emonSstra.
establishments, and extensively embarrassed the opera- tions in
tions of trade in England; while it threw thousands nsanf
out of employment who were thus enlisted in favor
of the repeal of the Stamp Act and the claims of
America. The first ominous symptom of a reaction in favor of Change in
the colonies in the public councils of the mother coun- cabinet.
try, was the dismission of Mr. Grenville from the head
of the government, and the formBtion of a new cabinet.
"Grenville," says Sir Horace Walpole "was a man
great in daring and little in views ; and was charmed
to have an untrodden field before him of calculation

420 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Change in and experiment."* The change in the ministry was
councils! undoubtedly suggested by the conviction that the meas-
* Cited in ures adopted were altogether too hazardous, and that
Washing- the experiment had been pushed to a fearful crisis.
ton. The new administration felt that it was time to pause,
Td®. new to deliberate upon the consequences which might ensue
upon their further prosecution. The aspect of things
in America seemed to indicate that the only, perchance
the last moment for conciliation had arrived. The
weight of a feather in the scale of policy might sever
forever the tie which bound the colonies to the mother
country, and alienate irrecoverably their allegiance to the
crown.
Dr. Frank- At this crisis Dr. Franklin, then in London, was
the house called into the house of commons and examined before
of com- them with reference to the Stamp Act. He had ap-
mons, r r
1766. peared in London as one of the agents of the colonial
congress and the bearer of their dispatches to the crown
and parliament. Hence he was justly supposed to be
well versed in American affairs, was summoned into
parliament, and his responses had an oracular weight
with those who listened to him. He was interro
gated —
His exam- " 1. Question. — What was the temper of America to-
th^ Stamp wards Great Britain before the year 1763 ? " Answer. —
Act. a ^he best in the world. They submitted willingly to the
government Of the crown, and paid, in all their courts,
obedience to the acts of parliament. Numerous as the
people are in the several old provinces, they cost you
nothing in forts, citadels, garrisons, or armies, to keep
Feelings them in subjection. They were governed by this coun-
Great Brit-try a* *he expense only of a little pen, ink, and paper.
ain before They were led by a thread. They had not only
i spassage. regpec^ j,^ an affection for Great Britain, for its laws,
its customs, and manners ; and even a fondness for its
fashions that greatly increased the commerce. Natives
of Great Britain were always treated with particular
regard : To be an Old England man was, of itself, a

THE UNITED STATES OF AMERICA. 421
THE REVENUE SYSTEM OF TAXATION. PART HI
character of some respect, and gave a kind of rank
among us."
" 2. Question. — And what is their temper now ? "
Answer. — " Oh ! very much altered."
" 3. Question. — If the act is not repealed, what do How
you think will be the consequences?" Answer. — "A the Act.
total loss of the respect and affection the people of
America bear to this country, and of all commerce that
depends on that respect and affection."
" 4. Question. — Do you think the people of America The people
would submit to pay the stamp duty if it was mode- ™y the
rate?" Answer. — ''No, never, unless compelled byduty-
force of arms."
Neither the crown nor the hew ministry dared ven
ture further to trifle with the subject. The king in his
address to parliament recommended conciliatory meas- Speech of
ures. Mr. William Pitt, Earl of Chatham, now theuJonJ_e
leader ofthe new administration, in moving the address, Stamp Act,
said — » My position is this ; I repeat it, I will main
tain it to my last hour ; taxation and representation are
inseparable ; This position is founded on the laws of
nature. It is more. It is itself an eternal law of
nature. For whatever is a man's own, is absolutely
his own, no man has a right to take it from him with- He defends
tllf1 T)091"
out his consent. Whoever attempts to do it, attempts tion of the
an injury; whoever does it, commits robbery. YoMcolonies
have no right lo tax America. I rejoice that America
has resisted. Three millions of our fellow subjects so
lost to every sense of virtue, as tamely to give up their
liberties, would be fit instruments to make slaves of
the rest."
He further insisted that taxation was no part of the
governing power, but that taxes were the free gift and
grant of the people alone, either by themselves or by
their representatives. He closed his able and eloquent He moves
defence of the position taken by the colonies, by mov- $£%£ oi
ing — "that the Stamp Act be repealed, absolutely,
totally, and immediately ; at the same time," he added,
" let the sovereign authority of this country over the

422 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of tre revolution.
Repeal of colonies, be asserted in as strong terms as can be
Act tamp devised, and be made to extend to every point of legis-
March, is, lation whatsoever ; that we may bind their trade, con
fine their manufactures, and exercise every power,
except that of taking, their money out of their own pock
ets without their consent." While the bill for repealing
it was under deliberation, petitions were received from
the merchants of the city of Bristol, from the merchants
of Glasgow, from Edward Montague, agent for the colony
* Ameri- of Virginia, and from the merchants of the city of Lon-
chivesT don, in favor of the repeal, and read.* The new min-
voi. l. istry generally coinciding in Mr. Pitt's sentiments, the
Stamp Act was repealed.

Though the attempt to enforce the circulation and
use of stamped paper was so personal and at the same
time so universal in its operation, tliat it aroused a fever
of excitement which seemed to make the Stamp Act
the one grand act of grievous and hostile legislation ;
yet in the more northern and commercial colonies the
controversy embraced also the principle of parliament
ary interference generally. In all of them, however,
The repeal the intelligence of the repeal was received with un-
how re- bounded applause. Bonfires, the booming of can-
ccived in
America, non, the illumination of pubhc buildings and pri
vate residences, processions accompanied with bands
of music, shouts, huzzas, and banners waving from
conspicuous places, displaying on their ample area
sentiments of freedom, everywhere testified the exulta
tion of tlie people. Letters, addresses, and resolutions,
emanating from their public functionaries, their pri
mary assemblies, and their halls of legislation ; ser
mons and public thanksgivings in their churches, all
expressed their jubilant acknowledgments. The mer
chants and traders at once suppressed all their hostile
measures. The colonies dissolved their retaliatory
leagues, revived their commercial operations, and the in,
habitants resumed their traffic in and use of articles of

THE UNITED STATES OF AMERICA. 423
THE REVENUE SYSTEM OF TAXATION. PART III.
British manufacture and importation. In a word, the The repeal
whole American people, to use the expressive language gjj^p^
of their own colonial Congress, "fell into their ancient how re
state of unsuspecting confidence in the mother coun- America.
try." In writing to a friend in England, Washington thus Opinion of
expressed himself: "The repeal of the Stamp Act, toJJJJJ*-
whatever cause owing, ought much to be rejoiced at ; the repeal.
for had the parliament of Great Britain resolved upon
enforcing it, the consequences, I conceive, would have
been more direful than is generally apprehended, both
to the mother country and her colonies. All, therefore,
who were instrumental in procuring the repeal, are
entitled to the thanks of every British subject, and
have mine cordially."* At another time he writes : * gpar_g>
"I cannot help observing that a contrary measure Writings
r ° of Wash-
WOuld have introduced very unhappy consequences, ington,
Those, therefore, who wisely foresaw such an event, vo1-2-
and were instrumental in procuring the repeal of the
act, are, in my opinion, deservedly entitled to the
thanks of the well-wishers to Britain and her colonies,
and must reflect with pleasure, that, through their
means, many scenes of confusion and distress have
been prevented. Mine they accordingly have, and
always shall have for their opposition to any act of
oppression ; and that act could be looked upon in no
other light by every person who would view it in its * Ibid.
proper colours."*
But the confidence and the joy of all. who had thus The repeal-
hailed the repeal was but temporary. The commended _n,|ambii^
wisdom even of the wise proved to be foolishness or and de-
willfulness. The branch cast into the bitter waters _______'7
had no healing virtues. The Stamp Act was indeed
repealed, and the intelligence of its repeal was indeed
hailed with joy in America, but when the repealing act
itself reached the colonies, it was found to be wholly
unsatisfactory ; as the closing part of Mr. Pitt's speech
foreshadowed that any qualified repeal might be. The

424 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
reasons given for the repeal, as stated in the preamble
Reasons of the repealing act, were — "that the collecting the
fhTrepeal several duties and revenues, as by the said act was
directed, would be attended with many inconveniences,
and productive of consequences dangerous to the com
mercial interests of this kingdom." While in its
declaratory provisions was the more obnoxious clause,
"that the king, with the consent of parliament, had
and of right ought to have full power and authority to
make laws and statutes of sufficient force and validity
to bind the colonies and the people of America, sub
jects of the crown of Great Britain, in all cas%$ what-
• soever."
The defect- Thus the mode of collecting the several duties and
oTcollect- revenues, as directed by the provisions of the act,
ing the du- and not the wrong in which they originated, was given
ground of as the reason of its repeal. The commercial interests
the repeal. 0f (Jreat Britain were set in direct opposition to the
rights and freedom of the colonies, while the very
power claimed by parhament, the exercise of which
had rendered the Stamp Act itself so odious, was re
asserted in the broadest and most comprehensive terms.
Whatever policy may have prompted the ministry to
make the king also a party to this assumption of par
liamentary authority, it certainly was a measure which
materially hazarded his own prerogatives of sovereignty
Complicity in the colonies. It tended so to interweave the ques-
£fth®ecou"tion of colonial allegiance to the crown with the ques
tion of colonial submission to the parliament, that the
two necessarily became blended in the controversy
which thereafter ensued. Thus were sown the seeds
which gave to that controversy a wider range of hos
tility, involving the sovereignty of Great Britain over
America in the issue of the struggle. The door for it
The pre- was soon opened.
commer- The specious pretense that the stamp act was re-
Cif theU°y Pea,h3(* because, the taxes imposed by it were laid cow-
repeal, trary to the true principles of commerce, was a conces-'

THE UNITED STATES OF AMERICA. 425
THE REVENUE SYSTEM OF TAXATION. PART III.
sion, the ultimate reach of which its authors had not
either the coolness or the sagacity to foresee. As a
motive for the repeal it amounted to nothing, and
" never was believed," says Sir Edmund Burke, " by any
man either in America, which it was meant to soothe;* Burke on
or in England, which it was meant to deceive."* Taxation.
The repeal and the concession, whether so intended
or not, were, virtually, a relinquishment of the revenue.
system of taxation, and of the claims upon which it
was based ; and would probably have terminated the
hostility of the colonies but for these declaratory pro
visions of the act.
I do not feel disposed to indulge in that spirit of Complica-
loose invective which many of our historians have man-g°;^fthe
ifested in speaking of the members of the British Cabi- Cabinet.
net, or of the prominent men in parliament, who, in
one year or another of this period, guided and con
trolled the policy of the nation. It must be admitted
that at the close of the French war, the relations which
existed between England and her colonies in America
were of necessity exceedingly complicated and. embar
rassing; while neither her people nor her public men
knew much of the extent or resources of the American
continent, the character of the American people, or the
nature of their governments and institutions. Accredit
to her statesmen and legislators the wisdom, fore
thought, and prudence, the integrity, virtue, and intel
ligence, which more than ordinarily belong to public
functionaries, and it was still a difficult matter for them
to know how to legislate wisely with reference to Amer
ica. More than this, it was impossible. It was not in
human wisdom to contrive any system of legislation,
or policy of administration, which could stay the prog
ress of the colonies towards independence. Such a
result, under whatever form of parental discipline or
oversight, under whatever degree of integrity or capaci
ty of statesmanship, was inevitable. We have only to
do with the causes which produced it, not so much

426 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
with the men who were instrumental in developing
those causes ; and while, therefore, we note their meas
ures, we care not to stigmatize with odious epithets
either their motives or their characters.
meeofrmar- ^ was *° ^e expected, and this was why the arrival
liamentary of the repealing act in America produced so much
ty^to'bf11" alarm in the colonies, that the principle of parliament-
enforced. ai.y supremacy, now sheltered under the wing of kingly
prerogative, and so boldly claimed, would be enforced.
It was still insisted that it was expedient to raise a
revenue in America, but for what purpose it should be
claimed, or in what manner it should be accomplished,
seemed to be the difficulty. In order to be consistent
The com- with the preamble of the repealing act it was necessary
system of wr those who made the claim to devise some mode of
taxation levying the taxes, not "inconsistent with the true prin
ted,0 ciples of commerce." The plan now proposed was
1766-67. claimed to be more according to commercial usage,
though it was precisely the same thing in principle with
the stamp act. Hence I have denominated it the com
mercial system of taxation.
This new system was inaugurated under the auspices
of Sir Charles Townshend, now promoted to the office
of Chancellor of the Exchequer, in the new ministry ;
to whom was entrusted the financial affairs of the gov
ernment. In bringing it forward it was necessary to
sustain the positions put forth in the declaratory pro
visions of the repealing act. The king and parliament
must, seemingly at least, be united in the measure.
Accordingly early in the following year, Mr. Townshend
introduced a bill into the House of Commons with the
anomalous recital:
" Whereas it is expedient that a revenue should be
raised in your majesty's dominions in America, for mak
ing a more certain and adequate provision for defray
ing the charge of the administration of justice, and
support of civil government, in such provinces where
it shall be necessary, and towards further defraying the

THE UNITED STATES OF AMERICA. 427
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
expenses of defending, protecting, and securing the Act impos-
said dominions, therefore the House of Commons do™^^*
give and grant unto your majesty," <fcc. The Billmercial
imposed duties on " glass, paper, painters' colours, red tions'iW
lead, white lead, and teas, imported into America ; " part
of the proceeds of which were to be appropriated to the
purposes specified in the preamble.
This measure of course was regarded in America as Its recep-
equally unconstitutional with the stamp act, and revived J^
with increased bitterness and boldness the indignation America.
and resentment of all the colonies. It made them sus
picious of the designs of the ministry, and they entered
into the controversy thus renewed with a more deter
mined and independent hostility. It was urged "the
taxes are small." It was replied " the principle is the
same, and we contend for the principle." Circulars,
pamphlets, newspapers and periodicals, were published,
setting forth in clear, distinct, and forcible relief, the
rights of the colonies ; and exposing with a master logic
and skill, the odious doctrines which were concealed
under the guise of small taxes. Never were the prin
ciples of constitutional freedom so clearly set forth, so
luminously illustrated, or so ably advocated and defend
ed as by the American statesmen, writers and legislators
of that day, while "the justice of their reasoning was
freely acknowledged by all liberal and unprejudiced
minds in the mother country."* * Story.
The general language of the colonies was, "we are
not permitted to import from any nation other than our
parent state ; and have been, in some cases, restrained
by her from manufacturirig for ourselves; and she
claims a right to do so in every instance which is incom
patible with her interests. To these restrictions we
have hitherto submitted. But she now rises in her de
mands, and imposes duties on those commodities the General
purchasing of which elsewhere than at her market her oflhecTlo-
law forbids, and the manufacturing of which for ournies-
own use, she may, any moment she pleases, restrain.

428 THE GOVERNMENTAL HISTORY OF
Part in. origin and causes of the revolution.
Reception If her right is valid to lay a small tax, it is equally so
of the^t* to lay a large one, for, from the nature of the case, she
imposing must be guided exclusively by her own opinions of our
duties on , , « , . » .1 j x- 1
commer- ability, and of the propriety 01 the duties sne may
tationsP°r" ™Pose' Nothing is left for us but to complain or pay.
1767. ' We must abstain entirely from using those articles,
which cannot be dispensed with, or we must pay a tax
imposed without our consent."
Appeals to They again, as before, addressed their petitions,
the crown, remonstrances, and appeals to the crown, the parlia
ment, and the people of England. But these produced
no salutary impressions. Their appeals were suppressed,
their petitions were unheeded, and their remonstrances
were thrown under the table.
On the twenty-seventh day of May, parliament en-
Restrain- acted " A bill for restraining the Assembly of New York
ing act or . .111 t -1 • 1 ai
new mode from passing any act, until they have complied with the
adoprted t0 act of parliament for furnishing his majesty's troops
lonial sub- with necessaries, required by said act." The act refer-
nussi0n- re(j i0 was an act passed 1765, adding to the mutiny
act a clause giving to the ministers unlimited power to
send troops to America ; and compelling the people to
provide quarters for them ; to furnish them with fuel,
provisions, lights, etc. ; so long as they should remain
in the colonies. It was called the Quartering Act. Its
enforcement being rendered unnecessary by a repeal of
the stamp act, the hostility to it was thereby abated.
But the revival of it, at this time and in this form, was
adding insult to injustice. An attempt to force the
colonial legislature to provide for the maintenance of
an army quartered upon fliem to enforce at the point
of the bayonet obedience to the revenue act.
How en- And how was this more recent enactment to be
forced- enforced? By a board of officers, appointed by the
crown pursuant to an act passed June fifteenth, 1767,
called " Commissioners for the customs and other duties
in the British dominions in America, and for executing
the laws relating to trade there." These commission-

THE UNITED STATES OF AMERICA^ 429
the commercial system of taxation. Part III.
ers were to be resident in America, with power to The re
appoint agents iri all of the colonies, wherever they f0rtai°™^st
might see fit, and to enforce obedience by directing the New York.
.,. , ,.,-,.-,, -, -,. and its en-
mihtary to enter the colonial legislature and disperse forcement,
its members, or stop legislation in some like summary 1'76'7-
manner.* Could the prerogatives of sovereignty be*iAmeri-
exercised in a more arbitrary way, or with a greater c__TeSt'
show of insolence and oppression?
The effect generally produced by this ordinance of
parliament, on its arrival in America, as well as the
quick sympathy and unity of purpose which existed
throughout the colonies, are well illustrated iii a letter
sent from the house of burgesses in the colony of Vir
ginia to the general court of Massachusetts Bay, in
reply to a circular address issued by the latter, which I
shall presently notice. The letter reads :
"The act suspending the legislative power of New A voice
York we consider as still more alarming to the colonies, ^? Tir"
though it has that single province in view. If parlia
ment can compel them to furnish a single article to the
troops sent over, they may, by the same rule, oblige them
to furnish clothes, arms, and every other necessary,
even the pay of the,, officers and soldiers ; a doctrine
replete with every mischief, and utterly subversive of
all that is dear and valuable. For what advantage can
the people of the colonies derive from, choosing their
own representatives, if these representatives, when
chosen, be not permitted to exercise their own judg
ments, be under a necessity — on pain of being deprived
of their legislative authority — of enforcing the man
dates of a British parliament."
Massachusetts Bay, as I have said before, because of
her extended commerce and her more spirited resist
ance to the collection of the revenues imposed by par
liament, became the object of ministerial vengeance.
And the officers and agents of the British- government
were here more numerous, and more active in enforcing
their collection.

430

THE GOVERNMENTAL HISTORY OF

Part III.

ORIGIN AND CAUSES OF THE REVOLUTION.

Restrain
ing act
against
New York,
how re
ceived in
America, 1767-68.

Circularaddress on
Americanaffairs by
the colony
of Massa
chusettsBay, Feb.,
1768.

Motive of
the ad
dress.

Constitu
tionalrights of
the colo-

Hence early in the next year, her general court
addressed a petition to the king and letters to several
members of the administration party in England ; and
also prepared the circular address, above alluded to,
and transmitted a copy of it to the speaker of the
assembly of each of the several colonies. The senti
ments contained in this circular were readily responded
to throughout the country in the same tone with the
above response -from Virginia. It presents so just
and comprehensive a view of the position assumed by
all of the colonies, at this crisis, that I consider it due
to the design of this work to insert it here at length.
It proceeds :
" Sir. The House of Representatives of this Prov
ince, have taken into their consideration the difficulties
that must accrue to themselves and their constituents,
by the operation of the several acts of parliament, im
posing duties and taxes on the American colonies. As
it is a subject in which every colony is deeply interested,
they have no reason to doubt but your House is duly
impressed with its importance, and that such constitu
tional measures will be come into as are proper. It
seems to be necessary that all possible care should be
taken that the representatives of the several assemblies,
upon so delicate a point, should harmonize with each
other. The House, therefore, hopes that this letter will
be candidly considered in no other light than as express
ing a disposition freely to communicate their mind to a
sister colony, upon a common concern, in the same
manner as they would be glad to receive the sentiments
of your, or any otlier House of Assembly on the conti
nent." " the House have humbly represented to the min
istry their own sentiments; that his majesty's high
court of parliament is the supreme legislative power
over the whole empire ; that in all free states the con
stitution is fixed : And, as the supreme legislative de
rives its power and authority from the constitution, it

THE UNITED STATES OF AMERICA. 431
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
cannot overleap the bounds of it without destroying its circular
foundation ; that the constitution ascertains and limits j*ddreSj t0
both sovereignty and allegiance; and, therefore, his nies, by
majesty's American subjects, who acknowledge them- _fe_j°s°ny
selves bound by the ties of allegiance, have an equita- ^ay> Feb-
ble claim to the full enjoyment of the fundamental rules
of the British constitution. That it is an essential,
unalterable right in nature, ingrafted into the British
constitution as a fundamental law, and ever held sacred
and irrevocable, by the subjects within the realm, that
what a man hath honestly acquired is absolutely his
own, which he may freely give, but which cannot be
taken from him without his consent ; that the Ameri
can subjects may therefore, exclusive of any considera
tion of charter rights, with a decent firmness, adapted tional' ""
to the character of freemen and subjects, assert this r|ghta of
natural and constitutional right. nies.
"It is, moreover, their humble opinion, which they
express with the greatest deference to the wisdom of
parliament, that the acts made there, imposing duties
on the people of this province, with the sole and express
purpose of raising a revenue, are infringements of Infringed
their natural and constitutional rights ; because, as they __e_5_r ia"
are not represented in the British parliament, his maj
esty's commons in Britain, by those acts, grant their
property without their consent.
" Tliis House are further of the opinion, that their colonial
constituents, considering their local circumstances, can- representa-
not by any possibihty be represented in the parliament ; parliament
and that it will forever be impracticable that theymip0SS1 e'
should be equally represented there, and consequently
not at all, being separated by an ocean of a thousand
leagues ; that his majesty's royal predecessors, for this
reason, were graciously pleased to form a subordinate Pariiar
legislative here, that their subjects might enjoy the in- taxation
alienable right of a representation. Also, that consid- Preferable.
ering the utter impracticability of their ever being
fully and equally represented in parliament, and the

432 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Circular great expense that must unavoidably attend even a par-
the^oio-0 tial representation there, this house think, that a taxa-
nies by the tion of their constituents, even without their consent,
colony of . . 1 . , „ , , '
Mass. Bay, grievous as lt is, would, be preferable to any representa-
Feb. 1768. tjon thatTcould be admitted for them there.
" Upon these principles, and also considering that
were the right in parliament ever so clear, yet, for ob
vious reasons, it would be beyond the rule of equity
Commer- that their constituents should be taxed on the manufac-
ti"on iu^a" tures of Great , Britain here, in addition to the duties
equitable, they pay for them in England, and other advantages
arising to Great Britain from the acts of trade, this
house have preferred a humble, dutiful, and loyal
petition to our most gracious sovereign ; and made
such representations to his majesty's ministers' as they
apprehend would tend to obtain redress. They have
also submitted to his consideration, whether any people
Interfer- can be said to enjoy any degree of freedom, if the crown,
ence of the m addition to its undoubted authority of constituting
crown with _ J °
their gov- a governor, should appoint him such a stipend as it
emmen . gjjgjj judge proper, without the consent of the people,
and at their expense ? And whether while the judges
of the land, and other civil officers, hold not their com
missions during good behavior, their having salaries
appointed for them by the crown, independent of the
people, hath not a tendency to subvert the principles
of equity, and endanger the happiness and security of
the subject ? In addition to these measures the House
have written a letter to their agent, Mr. de Berdt,
the sentiments of whicli he is directed to lay before
Hardships the ministry ; wherein they take notice of the hard-
of the mu- ships of the act for preventing mutiny and desertion,
which requires the governor and council to provide
enumerated articles for the king's marching troops
and the people to pay the expense : And also the com-
Commis- mission of the gentlemen appointed commissioners of
6ioners of _]ie customs to reside in America, whicli authorizes
customs. '
them to make as many appointments as they think fit,

THE UNITED STATES OF AMERICA. 433
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
and to pay the appointees what sums they please, for circular
whose mal-conduct they are not accountable ; from ^g^can"
whence it may happen that officers of the crown may affairs, by
be multiplied to such a degree as to become dangerous .fYa"!^
to the liberties of the people, by virtue of a commis- Bay, Feb.
sion which doth not appear to this House to derive any
such advantages to trade as many have been led to
expect. "These cure the sentiments and procedure of. this Misrepre-
House, and as they have too much reason to believe that t0 the
the enemies of the colonies have represented them to his crown and
majesty's ministers and the parliament as factious, dis-ment.
loyal, and having a disposition to make themselves in
dependent of the mother country, they have taken oc
casion, in the most humble terms, to assure his majesty
and his ministers, with regard to the people of this
province, and they doubt not of all the colonies, the
charge is unjust. The House is fully satisfied that
your assembly is too generous and enlarged in senti
ment to believe that this letter proceeds from an ambi- Spirit and
tion of taking the lead, or dictating to the other as-^^j.
semblies. They freely submit their opinion to theless.
judgment of others, and shall take it kind in your
House to point out to them anything further that may
be thought necessary.
"This House cannot conclude without expressing
their firm confidence in the king, our common head and
father, that the united and dutiful supplications of his
distressed American subjects will meet with his royal
and favorable acceptance.
"Province of Massachusetts Bay, Feb. 11, 1768."

The effect of this circular address was, to produce a its effect.
general union of the colonies in suspending the im
portation and use of all fabrics of British manufacture.
The motto of their associations was the expressive
sentiment, thenceforth sacred to all true Americans,
United we conquer, divided we die. This constitu-
28

434 THE governmental history of
Part III. origin and causes of the revolution.
General tional mode of opposition to the measures of the min-
thecoio- *s*ry came to be pretty generally adopted in the north-
niesin ern and more commercial colonies, till at length it ex-
tatio™POr' tended not only to British manufactures, but to the
1768-69. importation of all articles subject to taxation. In ac
cordance with it such goods, on their arrival in this
country, were at once reshipped to England.
In referring to these measures, in a letter addressed
from Mount Vernon to Mr. George Mason while
they were yet in active progress, Washington thus
expresses himself: — " At a time, when our lordly mas
ters in Great Britain will be satisfied with nothing less
than the deprivation of American freedom, it seems
highly necessary that something should be done to
avert- the stroke, and maintain the hberty which we
have derived from our ancestors. But the manner of
Washing- doing it, to answer the purpose effectually, is the point
ton on the ...
times, and M question.
measures "That no man should scruple, or hesitate a moment,
of resist- r '
ance, to use arms in defence of so valuable a blessing, is
1769' clearly my opinion. Yet arms, I would beg leave to
add, should be the last resource, the dernier resort.
We have already, it is said, proved the inefficacy of
addresses to the throne, and remonstrances to parlia
ment. How far, then, their attention to our rights and
privileges is to be awakened or alarmed, by starving
their trade and manufactures, remains to be tried. The
northern colonies, it appears, are endeavoring to adopt
this scheme.
" In my opinion it is a good one, and must be attended
with salutary effects, provided it can be carried pretty
generally into execution. But to what extent it is
practicable to do so, I will not take upon me to deter
mine. That there will be a difficulty attending the
execution of it everywhere, from clashing interests, and
selfish, designing men, ever attentive to their own gain,
and watchful of every turn that can assist their lucra
tive views, cannot be denied ; and in the tobacco colo-

THE 'UNITED STATES OF AMERICA. 435
the commercial system of taxation. Part III.
nies, where the trade is so diffused, and in a manner General
wholly conducted by factors for their principals at home the colo-
Cin England,) these difficulties are certainlv enhanced, nies in
v ° v . 'non-impor-
but I think not insurmountably increased, if the gen- tation,
tlemen in their several counties will be at some pains 6 ~69-
to explain matters to the people, and stimulate them to
cordial agreements to purchase none but certain enu
merated article's, out of any of the stores, after a defi
nite period, and neither import nor purchase any them
selves. This, if it should not effectually withdraw the
factors from their importations, would at least make
them extremely cautious in doing it, as the prohibited
goods could be vended to none but the nonrassociators,
or those who would pay no regard to their association ;
both of whom ought to be stigmatized, and made the
objects of public reproach.
" The more I consider a scheme of this sort, the more Washing-
ardently I wish success to it, because "I think there are [J'mes'and6
private as well as public advantages to result from it, measures
the former certain, however precarious the other may ance, 1769.
prove. In respect to the latter, I have always thought,
that by virtue of the same power which assumes the
right of taxation, the parliament may attempt at least
to restrain our manufactures, especially those of a pub
lic nature, the same equity and justice prevailing in the Parlia-
one case as in the other, it being no greater hardship Nation.
to forbid my manufacturing, than it is to order me to
buy goods loaded with duties for the express purpose
of raising a revenue.' But as a measure of this sort
would be an additional exertion of arbitrary power, we
cannot be placed in a»worse condition, I think, by put
ting it to the test.
"On the other hand, that the .colonies are consider
ably indebted to Great Britain, is a truth universally
acknowledged. That many families are reduced almost,
if not quite, to penury and want by the low ebb of their
fortunes, and that estates are daily selling for the dis
charge of debts, the public papers furnish too many

436 THE GOVERNMENTAL HISTORY OF
TT  ' 
Part III. origin and C4.uses of the revolution.
General melancholy proofs. That a scheme of this sort will con-
t';c colo- tribute, more effectually than any other that can be
nies in devised, to extricate the country from the distress it at
tation, present labours under, I most firmly believe, if it can
1768-69. De generally adopted. And I can see but one class of
people, the merchants excepted, who will not, or ought
not, to wish well to the scheme, namely, they who live
genteelly and hospitably on clear estates. Such as
* Washing- these* were they not to consider the valuable object in
ton was of. ..... ,
tnis class, view, and the good of others, might think it hard to be
curtailed in their living and enjoyments. As to the
penurious man, he would thereby save his money and
his credit, having the best plea for doing that, which
before, perhaps, he had the most violent straggles tb
Washing- refrain from doing. The extravagant and expensive
times and man has the same good plea to retrench his expenses.
measures jje would be furnished with a pretext to live within
ance, 1769. bounds, and embrace it. Prudence dictated eeonomy
before, but his resolution was too weak to put it in
practice. 'For how can I,' says he, 'who have lived
in such and such a manner, change my method ? I am
ashamed to do it, and, besides, such an alteration in the
system of my living will create suspicions of the decay
of my fortune, and such a thought the world must not
harbour.' He continues his course, till at last his
estate comes to an end, a sale of it being the conse
quence of his perseverance in error. And in respect
to the needy man, he is only left in the same situation
he was found in, better, I may say, because, as he
judges from comparison, his condition is amended in
proportion as it approaches neare/ to those above him.
He com- "Upon the whole, therefore, I think the scheme a
scheme of E00& one, and that it ought to be tried here, with such
non-impor- alterations as our circumstances render absolutely
tation. . . .
necessary. But in what manner to begin the work, is
a matter worthy of consideration. Whether it can be
attempted with propriety or efficacy, further than a
communication of sentiments to one another, before

THE UNITED STATES OF AMERICA. 437
the commercial system of taxation Part III.
May, when the Court and Assembly will meet at Wil- General
liamsburg, and a uniform plan can be concerted, and theTolo-
,sent into the different counties to operate at the same nies .in
time and in the same manner everywhere, is a thing tation,
upon which I am somewhat in doubt ; and I should be 1768-69-
glad to know your opinion. I am, &c."*
This letter was addressed to one of the most distin
guished and leading men of the colony of Virginia.
The correspondence is an exceedingly interesting and
important one, as showing the condition of affairs in
America, and the opinions of the best minds in the
country respecting them. Mr. Mason replied, on the
same day, as follows : " I entirely agree with you, that Opinion of
no regular plan of the sort proposed can be entered Maaofe__
into here, before the meeting of the General Court at reply to
least, if not of the Assembly. In the mean time it may ton 1769.
be necessary to publish something preparatory to it in
our gazettes, to warn the people of the impending dan
ger, and induce them the more readily and cheerfully
to concur in the proper measures to avert it ; and some
thing of this sort I had begun, but am luckily stopped
by a disorder which affects my head and eyes. As soon
as I am able, I shall resume it, and then write you
more fully or endeavor to see you. In the mean time
pray commit to writing such points as may occur.
" Our all is at stake, and the little conveniences and
comforts of life, when set in competition with our lib
erty, ought to be rejected, not'with reluctance, but with
pleasure. Yet it is plain that in the tobacco colonies,
we cannot, at present, confine our importations within
such narrow bounds, jas the northern colonies. A plan
of this kind, to be practicable, must be adapted to our
circumstances; for if not steadily executed, it better
have remained unattempted. We may retrench all *2Sparks'
manner of superfluities, finery of all descriptions, and ^^'"j^
confine ourselves to linens, woollens, &c, not exceed- ington.
ing a certain price. It is amazing how much this prac
tice, if adopted in all the colonies, would lessen the

438 THE GOVERNMENTAL HISTORY OP
Part III. origin and causes of the revolution.
General American imports, and distress the various traders and
the colo- manufacturers in Great Britain.
nies in "This would awaken their attention. They would
non-impor- ¦"
tation, see, they would feel, the oppressions we groan under,
768-69. an(j gxert themselves to procure us redress. This once
obtained, we should no longer discontinue our impor
tations, confining ourselves still not to import any arti
cle that should hereafter be taxed by act of parliament
for raising a revenue in America; for however singular
I may be in my opinion I am thoroughly convinced,
that, justice and harmony happily restored, it is not the
interest of these colonies to refuse British manufactures.
Our supplying our mother country with gross materials,
Opinion of and taking her manufactures in return, is the true
Mason, in chain of connexion between us. . These are the bands
wplhtn wmch> ^ n°t broken by oppression, must long hold us
ton, 1769. together, .by maintaining a constant reciprocation of
interest. Proper caution should, therefore, be used in
drawing up the proposed plan of association. It may
Non-ex- not be unwise to let the ministry understand, that, until
portation we obtain a redress of grievances, we will withhold from
suggested, , ° 7
as an addi- them our commodities, and particularly refrain from
tahatory making tobacco; by which the revenue would lose fifty
measure, times more than all their oppressions could raise here.
" Had the hint, which I have given with regard to
the taxation of goods imported into America, been
writings' thought of by our merchants before the repeal of the
of Wash- stamp Act, the late American revenue acts would pro-
lngton, r ' r
note. bably never have been attempted."*
The assembly of Virginia met in the month of May,
and passed a series of very strong resolutions touching
the rights of the colonies. This so alarmed governor
Botetourt, then but recently arrived in the colony,
that he dissolved the assembly. The burgesses, imme- 1
diately after their dispersion from the public hall, re-as-
ings in sembled at a private house in Williamsburg, appointed
Virginia a moderator, and assented unanimously to a non-impor
tation agreement, which was signed by every member

THE UNITED STATES OF AMERICA. 439
the commercial system of taxation. Part III.
present, and circulated for signatures throughout the
colony. These articles of association, as they were called, Order for
were drafted by Mr. Mason, and by him entrusted to fequenfly*"
Washington, who was then a member of the house of sent t0
burgesses and procured their adoption by the assembly. Mr. Mason.
They embodied substantially the views and plans set
forth in the foregoing correspondence between them.
In writing afterwards to London, for supplies for his
plantation, Mr. Mason says to his correspondent —
" You will perceive, in looking over the several invoices,
that some of the goods there required, are upon condi
tion that the act of parliament imposing a duty on tea,
paper, etc., for the purpose of raising a revenue in
America, is totaUy repealed : and I beg the favor of
you to be governed strictly thereby, as it will not be in
my power to receive any articles contrary to our non
importation agreement, which I have subscribed, and writings0f
shall religiously adhere to, and should if it were, as I Washing-
could wish it to be, ten times as strict."*
This system of retaliation and resistance, as we have
observed, was adopted by the northern colonies soon
after the passage of the duty act was known in
America, and had already produced great excitement
and alarm among the traders and merchants in Eng
land. The plan being also adopted in the southern Lord Hills-
colonies, after the example of Virginia, only added to _£ouUl? S
the disastrous consequences. Before the proceedings Ietter to
j.n Virginia were known in England, however, and nies, May'
while such was the aspect of affairs in America, Lord 13' 1^69-
Hillsborough, the then secretary of state for the colo
nies, prepared his celebrated public circular letter, a
copy of which he inclosed to governor Botetourt, in
which he said —
"I can take upon me to assure you, notwithstanding private let-
insinuations to the contrary from men with factious and i?r t0 Gov-
,.,. . ... Botetourt
seditious views, that his majesty s present administra- of Va.
tion have at no time entertained a design to propose to

440 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Lord Hills- parliament to lay any further taxes upon America for the
ckcuiar1'8 PurPose of raising a revenue, and that it is at present
letter, their intention to propose, the next session of parlia
ment, to take off the duties upon glass, paper, and col-
Duties to ors, upon consideration of such duties having been
off, laid contrary to the true principles of commerce.
" These have always been, and still are, the senti
ments of his majesty's servants ; and by which their
conduct in respect to America has been governed. And
his majesty relies upon your prudence and fidelity for
such an explanation of his measures, as may tend ta
remove the prejudices which have been excited by the
misrepresentations of those who are enemies to the
peace and prosperity of Great Britain and her colonies ;
and to re-establish that mutual confidence and affection
* l Am uPon which the glory and safety of the British empire
Archives, depend."*
Governor In communicating the sentiments and assurances of
?ote: this letter to the general assembly, governor Botetourt
tourt com- ° ^
municates said — "It may be objected that, as his majesty s present
assembly, administration are not immortal, their successors may be
inclined to attempt to undo what the present ministry
shall have attempted to perform ; and to that objection
I can give but this answer, that it is my firm opinion,
that the plan I have stated to you will certainly take
place, and that it will never be departed from ; and so
determined am I forever to abide by it, that I will be
content to be declared infamous, if I do not to the
last hour of my life, at all times, in all places, and upon
all occasions, exert every power with which I either am,
or ever shall be, legally invested, in order to obtain and
maintain for the continent of America that satisfaction
which I have been authorized to promise this day by
the confidential servants of our gracious sovereign,
who, to my certain knowledge, rates his honor so high,
that he would rather part with his crown than preserve
it by deceit."
Such assurances, emanating from so distinguished a

THE UNITED STATES OF AMERICA. 441
j.  . — . 
the commercial system of taxation. Part III.
source, were confided in by the people of Virginia, and Effect of
for a while produced a partial relaxation of tlieir hos- bo^S!^"
tile measures. In the northern colonies the assurances circular
contained in the circular letter of Lord Hillsborough America.
were regarded with some degree of -satisfaction, but not
being so fully endorsed by the agents of the crown
there, as by the governor of Virginia, they were re
ceived with more characteristic caution. It was not
enough for them to be told that " it was the design
of the ministry to propose to parliament to lay no fur
ther taxes upon America for the purpose of raising
a revenue," and " to take off the duties on certain
specified articles," while they still retained them on
others. The right claimed by parliament to lay any The -true
tax upon them without their consent, was the basis __^g.of
of their opposition to all these enactinents. The idea faction.
of retaining any part of the duties imposed was abhor
rent to their notions of justice, and they chose rather
to wait the action of the ministry and of parliament,
before they abandoned their hostile attitude.
Meanwhile the compact of non-importation whicli Effect of
they had formed, was producing its legitimate fruits of aon-impor-
suffering and embarrassment among the manufacturers England.
and merchants in England, and united those classes in
endeavoring to procure a repeal of the new duty
act. The home-opposition thus arrayed against the
measure was too powerful to be disregarded, while the
proceedings in America were becoming more and more
decidedly hostile and alarming. In March following, Repeal of
the " proposed design " was developed by the introduc- act 0fi767
tion of a bill into parliament by Lord North, now the March,
leader of the administration party, repealing part of
the taxes imposed by the recent commercial act, leav
ing only an impost of three pence per pound upon
tea. Such was the shifting and shallow policy of the gov- Reserva-
ernment of Great Britain toward her colonies in^^"*116
America. " Under one administration," in the Ian-

442

THE GOVERNMENTAL HISTORY OF

Part III.

ORIGIN AND CAUSES OF THE REVOLUTION.

Junius, on
administrationmeasures.

* Junius'
Letters.

f The re
strainingact against
New York.

guage of Junius, "the Stamp Act is made, under the
second it is repealed ; under the third, in spite of all
experience, a new mode of taxing the colonies is in
vented, and a question revived which ought to have
been buried in oblivion. In these circumstances a new
office is established for the business of the plantations,
and the Earl of Hillsborough called forth, at a most
critical season, to govern America."
The new mode of taxing the colonies here referred
to, is that which I have denominated the commercial
system of taxation. The new office estabhshed was
that of Secretary of State for the colonies, in which
Lord Hillsborough was made the incumbent. The
repeal of the new revenue act was recommended by
him, and made upon consideration that the former duties
were laid contrary to the true principles of commerce.
"The Earl of Hillsborough," says Junius again,*
"was a man of superior capacity and knowledge. As
for his measures, let it be remembered that he was
called upon to conciliate and unite ; and that when he
entered into office, the most refractory of the colonies
were still disposed to proceed by the constitutional
methods of petition and remonstrance. Since that
period they have been driven into excesses little short
of rebellion. . Petitions have been hindered from reach
ing the throne, and the continuance of one of the
principal assemblies rested upon an arbitrary condi
tion,! which, considering the temper they were in, it was
impossible they should comply with ; and which would
have availed nothing as to the general question, if it
had been complied with. While we are at peace with
other nations^ our military force may, perhaps, be
spared to support the Earl of Hillsborough's measures
in America. Whenever that force shall be necessarily
withdrawn or dismissed, the dismission of such a min
ister will neither console us for his imprudence, nor
remove the settled resentment of a people, who, com
plaining of an act of the legislature, are outraged by

THE UNITED STATES OF AMERICA. 443
THE REVENUE SYSTEM OF TAXATION. PART III.
an unwarrantable stretch of prerogative ; and, support
ing their claims by argument, are insulted with decla
mation." But what was this so much vaunted idea of " taxa- The reser-
tion according to the true principles of commerce " ? the'repeal
The imposition of duties was repealed upon the articles °f the
of paper, paints, red lead, white lead and glass, which 0f .767.
were all articles of British manufacture ; and continued
upon tea alone, wliich was not an article of British
growth or manufacture, but a product of commercial
importation. This is the first practical and exclusive
illustration we have of this distinctive principle of com
mercial taxation. Wherein then does it differ from
the other ? Could the mere fact that the duty is laid
upon a product of trade make it any more constitu
tionally proper to exact it without the consent of the
colonies? It was indeed aptly characterized by Sir
Edmund Burke,* as "a tax of sophistry, a tax of ped-*l Burke's
antry, a tax of disputation, a tax of war and rebellion,
a tax for anything but benefit to the imposers, or satis
faction to the subject."
Such, however, was the limit to the repeal, and such First effect
the reservation upon which the right of parliamentary °ealinre'
taxation was still upheld. The first effect of the repeal America,
in America, was to revive the commercial intercourse
between the two countries in all the other articles
specified, except tea. This article still came within
the restrictions of their compact of non-importation,
and continued to be with them a contraband. Mean
while their trade with the mother country was exten
sively renewed, quiet was to a great extent restored,
while the principles of constitutional liberty were more
dispassionately considered by all parties in America.
The people became more generally informed of their
rights, and the colonies began to understand their true Growth of
position and relations with the parent state. A careful » more
investigation of their foreign relations discovered to dissatisfao-
them the injustice of many parliamentary restrictions tl0n-

444 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The re- to which they had hitherto submitted without com-
dutyof 8d plamt5 while they found that, as a people, they had
per lb. on contributed, and were now annually contributing,
more towards the support of the government and the
people of England, than her own home-resident sub-
* winter- jects.* They therefore watched with a more inquis-
Burke, ' itive anxiety the operations of the British cabinet.
Bissett. Under these circumstances it required a prudent and
cautious administration of colonial affairs to preserve
the conciliatory spirit wliich prevailed in America upon
the repealing act. Had such been the real character
of the measures adopted, the discontent and dissatis
faction which had heretofore involved them in so rude
a controversy with the parent state might entirely, and
perhaps forever, have subsided. Though the people
were generally opposed to the tea duties, yet the article
continued to circulate in the commercial market of the
southern and middle colonies, and was gradually work
ing its way into Pennsylvania, New York, and New
England, except only in Massachusetts Bay. Here,
Opposition indeed, was the last lingering sentiment of opposition
Mass.' Bay. to this miserable remnant of the revenue policy, this
vaunted commercial system of taxation, the duty of
three-pence per pound upon tea. t
In Massachusetts Bay concentered all the activity and
enterprise of the New England merchants. Her com
mercial marine was floating in nearly all the ports of
America and the mother country ; and her trade alone
constituted much of the riches of the colonies, and the
revenues of England.
Mr. George Mason well remarked, in his letter to
Washington, in speaking of the commerce between the
The bond two countries, that " it was the true chain of connec-
between tion and bond of union between them, which, if not
the two broken by oppression, must long hold them together."
It was so. In all the essentials of free governments
and free institutions, the colonies were even now inde
pendent of the mother country, and were kept in their

THE UNITED STATES OF AMERICA. 445
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
allegiance to her sovereignty by only two bonds ; the The integ-
one was a fraternal and political, the other a commercial rity of the
* ' commer-
affinity. The former was in no danger of being rup- cial bond;
tured while the latter was preserved in its integrity, antefof"
Hence in the regulation of the latter lay the source stability to
. ° . , * the parent
and strength of that power which was to continue or state.
terminate the former. Thus the commercial system
of taxation under which the revenue policy of the ad
ministration had now sheltered itself, became the inev
itable cause of the separation of her American colonies The tea .
from the sovereignty of Great Britain. The principle jLuty m„
of taxation embodied in the simple duty of three-pence 1770-73.
per pound upon tea, firmly and to the last resisted by
the colony of Massachusetts Bay, involved the admin
istration in a train of legislative^hifts and contrivan
ces, the results of which could not be otherwise than
disastrous. A period, however, of nearly two years of compar- General as-
ative tranquillity intervened upon this repeal, and any Pe.ct ?f *£
further ministerial measures to carry out this new sys- colonies,
tem of commercial taxation. In America no serious 1"0-73,
disturbances had taken place, except from occasional
stretches of the kingly prerogatives, which were local
in their operation, being mostly confined to the colony
of Massachusetts Bay, where they met with a success
ful resistance without becoming matter of more gen
eral interest. Yet we find even these grievances here
after enumerated in the catalogue of oppressions which
inflamed the resentments of the people, and fired their
opposition to other more general and more flagrant
infringements of their liberties. They were but the
accumulating links in the great chain of causes whicli
were all along uniting the colonies in sympathy, inter
est, and fraternity, and preparing them for that inde
pendence which was sure to be their destiny whether
they courted it or not.
The duty of three-pence per pound upon tea was
still operative, and yet the manner in which the article

446 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The East was introduced into the ports of America was not re-
p_ny einm"garded as particularly oppressive, though the justice
powered of the principle upon which the tax was claimed had
teas into not been conceded. It needed, nevertheless, but little
A™,e™a to revive the controversy in all its activity throughout
paying du- the length and breadth of the land. This little was
land^May " S0(m furnished by the ministry of Great Britain, in a
1773. bill providing for "An act to allow a drawback of
duties on the exportation of tea to any of his majesty's
colonies or plantations in America; to increase the
deposit on Bohea tea to be sold at the East India Com
pany's sales rooms ; and to empower the commissioners
of the treasury to grant licenses to the East India
* 1 Amer- Company to import it into England duty free,"* whence
cMves *21. it was exported to Aq^erica. The promulgation of this
scheme, whereby heavy penalties were provided for
enforcing the collection of the duty in the colonies,
was the parent of that lasting discord which termina
ted only in their severance from all dependence on the
crown of England.
Arrival of Under the provisions of this act, immense quantities
pany's teas of tea were stored by the company in London, to be
Nov.0i773. thence sent to America. A cargo destined for the
port of Boston in Massachusetts Bay, was shipped in
the fall of the same year ; advices of the shipment of
which had been previously transmitted to the con
signees of the company, and rumored among the peo
ple. On the arrival of the vessels containing it, while
A town they were yet entering the harbor, a town meeting was
caUedm held, and a committee was appointed to wait on the
relation to consignees of the shipment, and persuade them to give
the captains the proper discharges and send the teas
back to England, which they 'declined doing. At a
subsequent meeting, held in Fanueil Hall, on receiv-
Motion ing the report of this committee, a resolution was
tea shall moved "that the tea should not be landed, that no
landed ^uty snoum be Pa^> aim that it should be sent back in
the same bottoms."

THE UNITED STATES OF AMERICA. 447
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
While this motion was pending, Mr. Quincy arose Speech of
and addressed the meeting in a strain of eloquence ^nr-t^moy
truly thrilling and prophetic. "It is not," said he, motion.
" Mr. Moderator, it is not the spirit which vapours in
these walls that must stand us instead. The exertions
of this day will call forth events which will make a
very different spirit necessary for our salvation. Who
ever supposes that shouts and hosannas will terminate
the trials of the day, entertains a childish fancy. We
must be grossly ignorant of the importance and value
of the prize for which we contend, we must be equally
ignorant of the power of those who have combined
against us ; we must be blind to that malice, invete
racy, and insatiable revenge, which actuate our ene
mies, public and private, abroadj^and in our bosoms, to
hope that we shall end this controversy without the
sharpest conflicts. It is idle to flatter ourselves that
popular resolves, popular harangues, popular acclama
tions, and popular vapour, will vanquish our foes. Let
us consider the issue, let us look to the end. Let us
weigh and consider, before we advance to those meas
ures which must bring on the most trying and terrible
struggle this country ever saw."
This brief address shows how deeply, and how seri- Motion
ously, the ruling spirits of that day had revolved the ^"^
aspect of affairs throughout the country. The motion landing the
was put, after Mr. Quincy sat down, and the resolution
passed without a dissenting voice.
The consignees of the cargo of teas having declined Negotia-
to procure a discharge of the vessels, the committee th^cJn!.4
appointed for that purpose, called on Mr. Roche, the signees to
, , . n i j.i re-ship to
owner, and required him to demand at the custom- England,
house a clearance for England, which he did on the fif- ms-
teenth of December, but the collector and comptroller
refused to grant it. He was then required to procure
a permit from the Naval Officer to pass the castle;
which being refused he was sent to Governor Hutch
inson to obtain a permit from him,* which the gov-

448 THE GOVERNMENTAL HISTORY OF
Part III. — origin and causes of the revolution. i
Destruc- ernor informed him he could not give unless he first
East India procured a regular clearance from the custom-house.
Co's ship- jvir. Roche thereupon reported to the meeting the
Boston, same evening. At the same time it was reported
Dec. 1773. ^naj tne g0vernor an(_ consignees intended to land the
teas privately. Whereupon numbers of the people
shouted " a mob ! a mob ! " The crowd then left the
hall, and repaired to the wharves, where three of the
vessels lay aground. A large concourse of citizens also
repaired to the spot. Meanwhile several persons, hab
ited in the guise of Mohawk Indians, went on board
of the ships, and in about two hours discharged the
*See whole cargo, consisting of three hundred and forty
sou's Let- chests of tea, into the sea. " Many persons of considT
ter, vol. 1, eration in the town of Boston, took the lead," says
Archives. Hutchinson, "in the proceedings of this meeting."*
Shipments The shipments of the East India Company to New
to New
York, etc. York and Philadelphia, were not permitted to be
landed. Those to Charleston, and other ports in the
colony of South Carolina, were landed but not allowed
to be sold ; they were stored in damp places where they
became damaged and were lost to the company.
-Massachu- The province of Massachusetts Bay, however, was the
the'seat of Sreat emporium of commerce in the colonies, and the
the con- resistance offered in her ports, and particularly in Bos-
pariia-1 ton, to the importations of the East India Company,
ment. under the late act, assumed a more violent character
than elsewhere, and the enactments of parliament were
now more directly aimed at her subjugation. In reply
to a speech made to her assembly by the governor, the
tion oTher Council of State declared, that "they are of opinion
state coun- tnat flie Parliament cannot, constitutionally, levy taxes,
in any form, on his majesty's subjects in this province."
Of her The House of Representatives at the same time declared,
represent- " if there has been, in any late instances, a submission to
atives. acj;S 0f parliament, it has been, in the opinion of this
house, rather from inconsideration, or reluctance at the
idea of contending with the parent state, than froni a con-

THE UNITED STATES OF AMERICA. 449
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
viction, or acknowledgment, of the supreme legisla- The com-
tive authority of parliament." mittee of
•> r correspon-
" The committee of correspondence in this province," dence.
says the governor, writing to the Earl of Dartmouth,
on the fourth <»f the month, "appear to have used
their utmost endeavors to work up the minds of the
people, not only of their own, but also of the southern
governments, to prevent the importation of teas from
the East India Company ; and accordingly on the third
of November, 1773, a mob of about five hundred per- Governor
sons committed several outrageous acts of violence j,,""™'
against the persons to whom it was expected the tea " the Bos-
. . -,-, i ¦ j • • 1- j.i xi. tonout-
ln question would be consigned, insisting that tneyrage,"
should engage and promise not to receive or sell it ; 1>1'13-
that if they did they would be voted enemies to their * i Ameri-
country, and must expect to be treated as such there- chives.
after."*

On the fourth of Marcii following, the Earl of Dart- P">ceed-
mouth informed the House of Lords " that his majesty pariia-
had given directions that certain papers received fromg^^
America, relating to the disturbances there, with regard Lords,
to the importation of tea, should be laid before the
House ; and that the same would be delivered on Mon
day then next." At the same time he informed them
that he had a message from his majesty, under his
royal sign manual, which his majesty had cominanded
him to deliver to the House ; which was accordingly
read by the Lord Chancellor as follows, viz. —
" George R.
"His majesty, upon information of the unwarrantable ^es|*ge °J
practices which have been lately concerted and carried pariia-
on in North America, and particularly of the violent "^
and outrageous proceedings at the town of Boston, in
the province of Massachusetts Bay, with a view of
obstructing the commerce of this kingdom ; and upon
grounds and pretences immediately subversive of the
constitution thereof, have thought fit to lay the whole
29

450 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Proceed- matter before his two Houses of Parliament, fully con-
liament"1' "filing as weU m their zeal for the maintenance of his
1774.- majesty's authority, as in their attachment to the com
mon interest and welfare of all his dominions, that they
will not only enable his majesty effectually to take such
measures as may be most likely to put an immediate
stop to the present disorders, but will also take into
their most serious consideration what further regula
tions and permanent provisions may be necessary to be
established, for better securing the execution of the
laws, and the just dependence of the colonies upon the
crown and parliament of Great Britain. G. R."
In the Copies of the same message and papers, were also
Commons ; presented by Lord North to the House of Commons on
voteof the seventh dav of the same month. Whereupon a
tbiinks to
the king, vote of thanks was proposed to his majesty for his mes
sage and the accompanying documents, containing
assurances that " the House would not fail to exert
every means in their power, in effectually providing for
objects so important to the general welfare, as main
taining the due execution of the laws, and securing
the just dependence of his majesty's colonies upon the
crown and parliament of Great Britain."
Debate in This motion was debated with considerable warmth
the House
of ComT and spirit, setting forth the great necessity which ex-
mons' isted " for vindicating the controling right of the Brit
ish legislature over the colonies." Reference was made
by the ministry, to the condition of affairs in the pro-
' vince of Massachusetts Bay, and it was urged " that all
the powers of government in that province were found
insufficient to prevent the most violent outrages. That
the loyal and peaceable people of a mercantile town (as
they affected to be peculiarly considered) had given a
"The Bos- noble proof to the world, of their justice, moderation,
ton out- loyalty, and affection for the mother country, by wan-
exousaWe tonly committing to the waves a valuable commodity,
fensibie6' the property of another loyal mercantile body of sub-

THE UNITED STATES OF AMERICA. 451
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
jects, without the pretense of necessity, even supposing Proceed-
that their opposition to the payment of the duties could nfustTof 6
justify such a plea, as they had nothing to do but to Commons
,, . / ° . on "the
adhere to their own resolutions of non-consumption, Boston
effectually to evade the revenue laws."* mS,6'"
It was also further urged, " that no person employed 1774.
by government, could in any act, however common or
¦ legal, fulfill the duties of his office or station in America,
without its being immediately exclaimed against by the
licentious, as an infringement of their liberties ; that
it was the settled opinion of some of the wisest men,
both in England and America, and the best acquainted
with the affairs of the colonies, that in their present
state of government, no measures whatsoever could be
pursued that would, in any degree, remedy those glar
ing evils, which were every day growing to a more
enormous and dangerous height. That parliament, Supremacy
and parliament only, were capable of re-establishing of Pa?lia-
tranquillity among those turbulent people, and of bring-.sisted
ing order out' of confusion. And that it was therefore upon'
incumbent on every member to weigh and • consider,
with an intention suitable to the great importance of
the subject, the purport of the papers before them, and
totally laying all prejudices aside, to form his opinion
upon the measures most eligible to be pursued, for sup
porting the supreme legislative authority, the dignity of
Parliament, and the great interests of the British
Empire."* Such was the language of the ministerial party on
presentation of the colonial budget to parliament. Be
sides this, in order to enlist the sympathies of the mer
cantile community in their, measures, " all the public
papers were systematically filled with writings on the
subject, referring to the misconduct of the colonies in
the strongest colours, and, in particular, arguing the
impossibility of the future existence of any trade to * 1 Ameri-
America, if this flagrant outrage on comrderce should go *$$££
unpunished."*

452 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Motion for Thus the ministry succeeded in raising a powerful
to the king sPirit of indignation against the American people both
in the within and out of parhament ; and thus matters stood
House of ^ . ' " .
Commons' in parliament, and before the people of England, while
" ¦ the proposed motion for an address to the king was
under discussion, was agreed to, and directed to be
presented to his majesty by such members of the house
as were of his privy council.
Subse- After the passage of this motion, the message of his
ceedings0 .majesty and the papers accompanying it, being under
Speech of consideration, Lord North rose, and after remarking at
North. some length upon the disturbances in Massachusetts
Bay, and in the colonies generally, he observed "That
Boston had been the ringleader in all riots, and had, at
all times, shown a desire of seeing the execution of
the laws of Great Britain attempted in vain, in the
colony of Massachusetts Bay. That the act of the mob
in destroying the tea, and other proceedings, belonged
_to the act of the public meeting, and that though other
colonies were peaceable and well inclined towards the
trade of this country, and the tea would have been
landed at New York without any opposition, yet when
the news came from Boston that the tea was destroyed,
governor Tryon, from the advice of the people, thought
that, the face of things being changed since that ac
count was sent, it would be more prudent to send the
tea back to England, than to risk the landing of it.
His lordship observed further, that Boston alone was
Boston to to blame, for having set this example, therefore Boston
bemadeanQug-ht to be the principal object of our attention for
example . , „
of. punishment.
Spirit of His Lordship further observed,—" that at Boston we
enS d" were considered as two independent states ; but we
Boston to were no fonger to dispute between legislation and taxa-
down. tion ; we were now to consider only whether or not
we have any authority there ; that it is very clear we
have none, if we suffer the property of our subjects to
be destroyed. He hoped all would agree with him,

THE UNITED STATES OF AMERICA. 453
THE COMMERCIAL SYSTEM OF TAXATION. PART IH.
both peers, members, and merchants, to proceed unan- Lord
imously to punish such parts of America as denied the poSres t_r°"
authority of this country. We must punish, control, close the
or yield to them," said he ; " and I therefore move that Boston,
leave be given to bring in a bill for the immediate re- 11lj4:-
moval of the officers concerned in the collection and
management of his majesty's duties and customs from
the town of Boston, in the province of Massachusetts
Bay, in North America ; and to discontinue the land
ing and discharging, lading and shipping of goods,
wares, and merchandise, at the said town of Boston,
or within the harbour thereof."
This proposition was received with perfect silence, The propo-
which lasted for several minutes after Lord North re- Sltl0?' h°w
received.
sumed his seat. Mr. Grosvenor then got up to second
the motion, and condemned very much the proceedings
of Boston, and said they were all entirely owing to the
repeal of the Stamp Act.
Governor Johnstone desired to know, if it was to be Debate
left to the crown to say to what part of America the upon-
custom-house should be removed ?
Lord North replied, that a clause was intended to be
inserted in the bill to leave that matter to the crown.
Mr. Dempster observed, that should an indemnifica
tion to the East India company take place as was to be
proposed in the bill, by way of tax, it would be col
lected over America, and thereby injure the property
of people who had been entirely innocent of this affair,
that when he spoke formerly so much about taxation
in general, he meant not as to the right, which we had,
but only as to the prudence and policy of the measure.
Mr.- Sawbridge rose to §peak, but being annoyed byMr gaw.
cries of" question, question," he sat down, saying "hebridge °P-
would wait till gentlemen had done coughing, and the motion and
house had done calling for the question. That though ^S^__"
he could not be heard now, he should sit coolly till he
could." The house being little silent, he rose again
and said, " he always gave his genuine opinion, and he

454 TEE GOVERNMENTAL HISTORY OF,
Part III. origin and causes of the revolution.
The Bos- was now, and always had been, of the opinion, that
dm propos- tn*s country had no right to tax America ; that it might
ed and de- be said by some people here that America was not rep-
thVhouse resented ; that if this country had a right to take a
mons"1 single shilling out of an American's pocket, tliey have
1774.' a right to take the whole." He then sat down a
second time, the house being noisy, and said "he
thought though he could not be allowed to speak long,
he could sit long ; and observed that this destruction
of the tea was entirely done by the mob unarmed ; and
that if a requisition was to be sent to Boston to make
satisfaction to the India Company, he made no doubt
it would be complied with. He said he was agamst
the motion."
Mr. Byng. Mr. Byng said, he only meant to ask the noble Lord
one question ; whether this measure was not prevent
ing the English ships from trading there, and a punish
ment on ourselves.?
Mr. Rose Mr. Rose Fuller said, the bill when brought in would
Fuller. show whether it was a punishment upon A or B; that
he should therefore reserve his opinion until he saw the
bill.
Mr. Dows- Mr. Dowsdell said, he was of opinion they were
e " going to do very great mischief, and should think it his
duty to give that opinion in this early stage of the
measure. He said, this bill was to punish the town
of Boston ; why will you punish Boston alone ? Did not
other towns send your tea back to England, and refuse
the landing ? Have they committed no offence ? Was
Opposes there any evidence of a general concurrence of the
Bostoning inhabitants of Boston? Would the House not hear
alone. what, Boston had to say in defence ? Would the House
condemn without evidence in the absence of the par
ties ? He would trouble them no more at present. He
thought they were going to do a wrong act. He disap
proved much of the bill, and should give a negative
Mr Caven-toiti
dish is for
delay. Mr. Cavendish approved of the proposition, but

THE UNITED STATES OP AMERICA. 455
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
-hoped, if the merchants of England could any way be The Boston
injured by it, that time would be given them to come proposed
and petition. an(* debat-
Captain Phipps said, he felt no reason to imagine that House of
any opposition to the Bill at Boston could be effectual ; °°^m0Ils>
that it was no new thing to direct and order a portcapt.
for the reception of trade in 'America ; that harbours PhlPP3-
were in great plenty there ; that all authority had been
trampled upon in that country for many years ; that if
our subjects could not trade to Boston, they must go
where 'they could trade with safety. He did not attri
bute the disturbances to the Stamp Act, or the repeal
of it. When he was in that country, he thought that
that act might have been put in execution; still he
thought that the repeal might be proper. He imagined
that one of the provisions that would be adopted by the
house would be, to repeal the Declaratory Act, which, Proposes a
in his opinion, was the most absurd and unconstitution- [^"De
al act ever passed. Let America alone and she will claratory
return of herself to obedience. Do not let us search
for trifling taxes, by way of experiment, to try our
power; the moment they see that taxation is not for
effectually collecting of money, but for experiment only,
they will always oppose you.
Lord G. Cavendish said he was not sure but the Lord Cav-
object before the house would be prejudicial to our ££__£_¦ the
trade. He looked to the mutual interest of the two measure
countries, that they were united by proper measures, tTtrade!*
and he hoped they would be kept so. He wished that
no idle ideas of superiority might prevail, for that coun
try which is kept only by power is in danger of being
lost every day.
Colonel BarrS said, he was urged to rise to discharge Col. Barre
his duty in not giving a silent vote on the occasion. mo^0*he
He could not help giving his hearty affirmative to the .
proposition before the house. He liked it, harsh as it
was. He liked it for its moderation, and thought that
the noble Lord (North's') conduct would be of the

456 THE GOVERNMENTAL HISTORY OF
PAKT III. ORIGIN AND CAUSES OF THE REVOLUTION.
TheBoston same stamp throughout. I think Boston ought to be
proposed punished. She is your eldest son." (Here the house
and debat- laughed, and some members near him observed, that
ed in the & ' . . . , . .
House of he would be a proper person to direct the admission
^7_mons' of Irish members into the house, as he had the day
before hinted that office for Mr. Rigby.) After the
house had laughed heartily, he said, "I mean your
daughter. She is a noble prop. She gave herself that
Col. Barre form of constitution she now has, cherish and support
Boston ner- He wished to see an unanimous vote in the onset
ought to 0f this business ; that when the people of Boston saw
ished. this measure was carried hy such a consent, they would
the more readily pay the sum of money to the East
India Company. He hoped, if they did, the crown
would mitigate the rest of their punishment. If the
crown went further — perhaps they could not do it un-
* Governor less, as governor Tryon* observed, at the muzzle of
y 'tew y°ur guns- ^e have given the Americans limited and
prescribed means to acquire wealth; let the rest of the
matter be left to themselves. He had often thought, in
the coolest hours, that America ought not to be taxed
by this country. Endeavor to take the power of taxa
tion out of tlieir assemblies, and it will be strongly
• opposed ; he did not mean to stick to experimental tax
es; the tax of the stamp act was made to please this
side (meaning Mr. Grenville's friends) of the House.
Go to some great request at once, and if they wont
comply with it, try then your power. You have been
paying £4,000,000 for doing of nothing, only for teaz-
ing and scratching. I wish to see a fair decided line at
once. I dont see any appearances of war at present.
Thinks this Now is your time to try in a civilized manner your power
the toe to er tne Americans; other of your enemies are not
try their ' , .
power in a Condition to take part with them. 1 am not m
" office that my advice can be taken, if I was, I should
give it freely. If office comes tq me, it comes as an
atonement for repeated and unmerited affronts. I shall

THE UNITED STATES OF AMERICA. 457
THE COMMERCIAL SYSTEM OF TAXATION. PART HI.
at all times speak the language of a free and disinter- Leave giv-
, en to bring
ested member." in the bill,
The debate being here closed, the motion of Lord J^™h '>
North for leave to bring in the Mil was agreed to ; and
Lord North, Mr. Onslow, Mr. Charles Townshend, Mr.
Attorney general, Mr. Solicitor general, Mr. Rice, Mr. *_. Ameri.
Cooper, and Mr. Robinson, were ordered to prepare and ^°T^r"
bring in the same.*
The bill was accordingly presented to the house by
Lord North, on the eighteenth day of March, was read
once and ordered to be passed to a second reading on
Monday next, to be then made the order of the day
before tbe house, in Committee of the Whole.
The debate upon it was continued, from day to day, TheBoston
up to the twenty-fifth of March, when it was read ap°trt0^a
third time, and put upon its final passage. *On the final pas-
question that this bill do pass,
Mr. Dowsdell, and others opposed the bill, on the •
ground of its general injustice, urging that the entry
of no other goods was interrupted in Boston but
those charged with a duty imposed by parliament.
That this duty was in fact a tax, and that parliament
had no right to tax America. That the resistance
to the duty was not local, but universal from all
America against any goods or merchandize loaded
with taxes.
Sir Edmund Burke said. " Observe that the disturb- sir Ed-
ances are general. Show me one port in all America ™™j^ iu
where the goods have been landed and vended? The opposition.
distemper is general, but the punishment is local, by
way of exchange. Whether it will be effectual or not
I do not know; one town in proscription, the rest in
rebellion, can never be a remedial measure for general
disturbances." Have you considered whether you have
troops and ships sufficient to enforce an universal pro
scription to the trade,of the whole continent of Amer- Con6e.
ica? If you have not, the attempt is childish, and the v»c? t0
operation fruitless. Only, Sir, see the consequence of England.

458 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
TheBoston blocking up one port, for instance that of Virginia
on Us final Bay; which, if you do, you will destroy the tobacco
passage, trade, and thereby bring as it were a certain ruin on
House of i-?
Commons, your own merchants at Glasgow and Edinburgh. There
llj1i- are but two ways, Sir, to govern America; either to
make it subservient to all your laws, or to let it govern
itself by its own internal policy. I abhor the measure
of taxation where it is only for quarrel, and not for a
revenue ; a measure that is teazing and irritating with
out any good effect. But a revision of this question
will one day or other come, wherein I hope to give my
opinion." Lord North again spoke in favor of the bill, after
which it passed without a division. It was then sent
House of Up to the House of Lords, where it passed unanimously
on the .'thirtieth day of the same month.
His majes- On the next day his majesty entered the House-of
to the bill. Lords, and took his seat on the throne, adorned with
i his crown and regal ornaments, and attended by his
officers of state, the lords being in their robes ; the
Commons with their speaker attending: The royal
assent was then pronounced severally, by the clerk's
* Debates ass_stant, tp thirty-nine bills, beginning with the Bos-
ment. ton Port Bill.*
Title and The Bill, as passed, was entitled "An Act to discon-
of°ftetnU. tinue in such manner and for such time as are therein
mentioned, the landing and discharging, lading or ship
ping, of goods, wares and merchandise, at the town and
within the harbor qf Boston, in tlie Province of Massa
chusetts Bay in North America."
Removal It provided for the removal of the general assembly
sembiyaandof that colony, and the custom-house, from Boston to
custom- gaiem . for a fine to be levied upon the town in favor
of the East India Company, equal to the value of the
tea destroyed ; for the blockading of the harbor by
armed vessels, to prevent the entry or exit of ships and
merchandise ; for the punishment of all persons, and
the seizure and forfeiture of all vessels, carts, horses,

THE UNITED STATES OF AMERICA. 459
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
mules, boats, carriages, and conveyances whatsoever ; Proceed-
made use of in shipping, unshipping, lading, removing, inafj;™
carrying, or conveying, any such goods, wares, or mer- ment,i774.
handise, into any port or place in Boston ; and of any
ship moored, lying in, or hovering near said port,
within certain prescribed limits; for the prosecution
for such penalties and forfeitures by any admiral, chief
commander, or commissioned officers Of his majesty's
fleet, or ships of war, and for quartering troops of
soldiers upon the inhabitants to enforce obedience to
the bill, and to whatever other laws and regulations of
the crown and parliament.
On the fifteenth day of April, following the passage House of
of this bill, Lord North presented to the House of Com- Commona-
mons —
" A bill for the better regulating the government of
the province of Massachusetts Bay in North America,"
which passed into a law. This was followed by
"An Act for the impartial administration of justice
in Massachusetts Bay, in New England."
On the same day upon which the bill for regulating Bills for
the government of Massaclnssetts Bay was introduced f_^r_fe|?
by Lord North, Mr. Rose Fuller gave notice of his
intention to move, on Tuesday then next, being the
nineteenth day of April, for a committee on the tea
duty, to see whether or not it was possible to repeal the Notice of a
act laying that duty, before the bill for the better regu- m°£™ fo.r
lating the government of Massachusetts Bay took tee on the
effect. Accordingly on the nineteenth day of April he ea u 7'
moved —
" That this house will, upon this day seven-night, The mo-
resolve itself into a committee of the whole house, to {J° design.
take into consideration the duty of three-pence per
pound weight upon tea, payable in all his majesty's
dominions in America ; and also the appropriation of
the said duty."
He accompanied the motion with the remark, that,
in his opinion, the Boston Port Bill and the other reg-

460

THE GOVERNMENTAL HISTORY OF

Part III.

ORIGIN AND CAUSES OF THE REVOLUTION.

Motion to
repeal the
tea duty
upon the
East India
Co.'s ship
ments, 1774.
Debate on
the mo
tion.

Sir Ed
mundBurke on
the mo
tion.

* The de
claratory act.

The point
in issue.

ulations, would be totally ineffectual without repealing
the tea duty bill. He was very sure that the motion
would be productive of great good, and that it could
not possibly do harm.
The motion was very violently opposed by the min
isterial influence in the house, and very warmly advo
cated by the opposition. The idea of a mercantile tax
was treated as trifling and ridiculous, while as a matter
of revenue it was pronounced simply absurd.
" Could anything," said Sir Edmund Burke, in
speaking to the motion, "be a subject of more just
alarm to America, than to see you go out of the plain
highroad of finance, and give up your most certain
revenues, and your clearest interest, merely for the
sake of insulting your colonies ? No man ever doubted
that the commodity of tea could bear an imposition of
three-pence per pound. But no commodity will bear
three-pence, or will bear a penny, when the general
feelings of men are irritated, and two millions of peo
ple are resolved not to pay. The feelings of the colo
nies were formerly the feelings of Great Britain.-
Theirs were formerly the feelings of Mr. Hampden
when called upon for the payment of twenty shiUings.
Would twenty shillings have ruined Mr. Hampden's
fortune ? No ! but the payment of half twenty shil
lings, on the principle it was demanded, would have
made him a slave. It is the weight of that preamble*
of which you are so fond, and not the Weight of the
duty, thai the Americans are unable and unwilling to
bear. It is upon the principle of this measure, and
nothing else, that we are at issue. It is a principle of
political expediency. Your act of 1767 asserts that it
is expedient to raise a revenue in America. The pre
amble of this act which y?e wish to repeal, is not decla
ratory of right, as some gentlemen seem to argue it,
it is only a recital of the, expediency of a certain exer
cise of a right, supposed already to have been asserted.
You are therefore at this moment in the awkward sit-

THE UNITED STATES OF AMERICA. 461
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
' uation of fighting for a phantom; a quiddity.; a thing Motion to
that wants not only substance, but even a name; for^e^ut*e
a thing which is neither abstract right, nor profitable House of
, -ri. , . i . . -¦ Commons,
enjoyment. If your government in America is de- 1/774.
stroyed by the repeal of taxes, "it is of no consequence
upon what ideas the repeal is grounded. Repeal this
tax too on commercial principles if you please. These
principles will serve as well now as they did formerly.
But is the article of tea such an object in the trade of
,England as not to be felt, or felt but slightly, like white
lead, and red lead, and painters' colours? Tea is an
object of far other importance. Tea is, perhaps, the
most important object, taking it with its necessary con- import-
nections, of any in the mighty circle of commerce. If anc€ of tea
commercial principles had been the true motives of the merce.
repeal, or had they been at all attended to, tea would
have been the last article we should have left taxed for
a subject of controversy. The vent of ten millions
of pounds of this commodity, now locked up by the
operation of an injudicious tax, and rotting in the
warehouses of the company, would have prevented all
this distress, and all that series of desperate measures,
which you thought yourselves obliged to take in conse
quence of it. America would have furnished that vent America a
which no other part of the world could furnish butZ,entt°
*¦ English
America ; where tea is next to a necessary of life, and commerce.
where the demand grows upon the supply. It is
through the American trade of tea. that your East
India conquests are to be prevented from crushing you
with their burthen. They are ponderous indeed ; and
they must have that great country to lean upon, or
they tumble upon your head.
" This Revenue Act of 1767, formed the fourth period speech of
of American policy. How we have fared since then ; ^u^d"
what woeful variety of schemes have been adopted ; Burke.
what enforcing and what repealing ; what bullying and Complica-
what submitting; what doing and undoing; what strain- J^ng*8
ing. and what relaxing; what assemblies dissolved for policy.

462 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
: _  ,. 
Motion to not obeying, and called again without obedience ; what
TesTdutyf troops sent out to quell resistance and on meeting that
House of resistance recalled ; what shiftings and changes, and
Commons, . , T. i. -,-,-,. t „ , , , . , , „
1774. jumblings of all kinds ot men at home, which left no
Speech of possibility of order, consistency, vigor, or even so much
mun(l as a decent unity of colour in any one public measure.
Burke. After all these changes and agitations your immediate
situation upon the question on your paper is at length
brought to this. You have an act of parliament stat
ing, 'that it is expedient to raise a revenue in America.'
Results of By a partial repeal you annihilated the greatest part of
repeaiia *na* reveime which this preamble declares to be so ex
pedient. You have substituted no other in the place
* Lord of it. A secretary of state* has disclaimed, in the king's
ough's cir- name, all thoughts of such a substitution in future.
cular let- q^e principle of this disclaimer goes to what has been
left, as well as what has been repealed. The tax which
lingers after its companions (under a preamble declar
ing an American revenue expedient, and for the sole
purpose of supporting the theory of that preamble)
militates with the assurance authentically conveyed to
the .colonies, and is an exhaustless source of jealousy
and animosity. On this statement, wliich I take to be
a fair one, not being able to discern any grounds of
honor, advantage, peace, or power, for adhering either
Is in favor to the act or the preamble, I shall vote for the ques-
peal e re" ti°n which leads to the repeal of both. It is agreed
that a revenue is not to be had in America. If we lose
Motion the profit let us gel rid of the odium." The repeal was
l09t' lost. The next step in this plan for subjugating the colo
nies was the introduction of
Additional a A Bill for the better providing suitable quarters for
quartering officers and soldiers in his majesty's service in North
troops in America." Another "Quartering Act." This bill
America, '
May, ;774. passed in the House of 'Commons on the ninth day ot
May, and was engrossed and sent to the House of Lords,
and on the twenty-sixth of May, on the question, shall

THE UNITED STATES OP AMERICA. 463
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
the bill pass ? Lord, the Earl of Chatham, rose and The Tea
said- - duty, 1774.
sala- Additional
" My lords, the unfavorable state of my health, under bU1 for.
which I have long laboured, could not prevent me from troops in
laying before your lordships my thoughts on the bin -America.
now upon the table, and on the state of American
affairs in general.
" If we take a transient view of those motives which Speech of
induced the ancestors of our fellow-subjects in America ha^,
to leave their country to encounter the innumerable House of
difficulties of the unexplored regions of the Western 26. '
world, our astonishment at the present conduct of their
descendants will naturally subside. There was no cor
ner of the world into which men of their free and enter
prising spirit would not fly with alacrity, rather than
submit to the slavish and tyrannical principles which
prevailed at that period in their native country. And
shall we wonder, my lords, if the. descendants of such
illustrious characters spurn with* contempt, the hand of
unconstitutional power that would snatch from them He defends
such dear-bought privileges as they now contend for ? tioVoTthe
Had the British colonies been planted by any other colonies.
kingdom than our own, the inhabitants would have car
ried with them the chains of slavery and the spirit of
despotism; but as they are, they ought to be remem
bered as great instances to instruct the world what
"great exertions mankind will naturally make when they
are left to the free exercise of their own powers. And,
my lords, notwithstanding my intention to give my
hearty negative to the question now before you, I can
not help condemning, in the severest manner, the late
turbulent and unwarrantable conduct of the Americans
in some instances, particularly in the late riots of Bos
ton. But, my lords, the mode which has been pursued He con
to bring them back to a sense of duty to their parent J^™^*6
state, has been so diametrically opposite to the funda-of pariia- >
mental principles of sound policy, that individuals pos
sessed of common understanding must be astonished at

464 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The Tea such proceedings. By blocking up the harbour of Bos-
"L d Ch t ^on y°u naye mvo^ve(i *ne innocent trader in the same
ham on the punishment with the guilty profligates who destroyed
quartering vour merchandize, and instead of making a well-con-
troops in certed effort to secure the real offenders, you clap a
House of naval and military extinguisher over their harbour, and
Lords, May pUnjsn ^ne crm_e 0f a few lawless depredators and their
abettors upon the whole body of the inhabitants.
"My lords, England is little obliged to the framers
and promoters of this tea tax. The Americans had
almost forgot, in their excess of gratitude for the repeal
of the Stamp Act, any interest but that of the mother
State of country. There seemed an emulation among the differ-
befoerethe ent provinces who should be most dutiful and forward
Tea Tax. _n their expressions of loyalty to their real benefactors ;
as you will readily perceive by the following letter from
* Gov. of governor Bernard,* to a noble lord then in office:
ass. ay. , rp^g, nouse 0f representatives,' says he, ' from the time
of opening the session »to this day, has shown a dispo
sition to avoid all dispute with me. Everything having
passed with as much good humor as I could desire.
They have acted, in all things, with temper and mode-
- ration; they have avoided some subjects of dispute,
and -have laid a foundation for removing some causes
of former altercation.'
"This, my lords, was the temper of the Americans,
and would have continued so, had it not been inter
rupted by your fruitless endeavors to tax them without
their consent. But the moment they perceived that
your intention was renewed to tax them, under a pre
tence of serving the East India Company, their resent
ment got the ascendant of their moderation, and hur
ried them into actions contrary to law, which, in their
Cause of cooler, hours, they would have thought on with horror:
the de- for j sincerely believe, the destroying of the, tea was the
struction ' J
of the tea. effect of despair.
"But, my lords, from the complexion of the whole
of the proceedings, I think administration has purposely

THE UNITED STATES OF AMERICA. 465-.
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
irritated them into those late violent acts for which The Tea
they now so severely smart, purposely to be revenged owLord chat-
them for the victory they gained by the repeal of the ham's
Stamp Act, a measure to which they seemingly acqui- the bill for
esced, but at the bottom they were its real enemies. <iuartermg
troops m
For what other motive could induce them 'to dress tax- America,
ation, that father of American sedition, in the robes of x^,26'
an East India Director, but to break in upon that
mutual peace and harmony which then so happily sub
sisted between them and the mother country?"
" My lords, I am an old man, and would advise the
noble lords in office to adopt a more gentle mode of
governing America; for the day is not far distant, when Character
America may vie with these kingdoms, not only in arms, ae_tfo<f'
but in arts also. It is an established fact that the prin- America.
cipal towns in America are learned and polite, and
understand the constitution of the empire as well as
the noble lords who are now in office; and consequent
ly, they will have a watchful eye over their liberties, to
prevent the least encroachment on their hereditary
rights. "This observation is so recently exemplified in an
excellent pamphlet, which comes from the pen of an
American gentleman, that I shall take the liberty of
reading to your lordships his thoughts on the compe- cites an
tency of the British parliament to tax America, which, Am,eri-
* 7 ' can s views
in my opinion, puts this interesting matter in the clear- against the
est view. 'The High Court of Parliament,' he says, j-^ of
' is the supreme legislative power over the whole empire, dent
in all free states the constitution is fixed ; and as the
supreme legislature derives its power and authority
from the constitution, it cannot overleap the bounds of
it, without destroying its own foundation. The consti
tution ascertains and limits both sovereignty and
allegiance; and therefore his majesty's American sub
jects, who acknowledge themselves bound by the ties
of allegiance, have an equitable claim to the full enjoy
ment of the fundamental rules of the English constitu-
30

466 THE GOVERNMENTAL HISTORY OF
Part in. origin and causes of the revolution.
The Tea tion ; and that it is an esseiftial unalterable right in
Lord Chat- nature, engrafted in the British constitution as a funda-
ham's mental law, and ever held sacred and irrevocable by the
speech on .,
the bill for subjects within this realm, that what a man has hon-
SoopsrinS estly acquired, ts absolutely his own, which he may freely
America, ffive, but which cannot be taken from him without his
May 26, ° .,
Hii. consent. "This, my lords, though no new doctrine, has
always been my received and unalterable opinion, and
I will carry it to my grave, that this country had no
He en- right under heaven to tax America. It is contrary to
America^ a11 tne Prmciples of justice and civil policy, which nei-
view of ther the exigencies of the state, nor even an acquies-
tion?1"53" cence in the taxes, could justify upon any occasion what
ever ; such proceedings will never meet their wished-for
success ; and, instead of adding to their miseries, as
the bill now before you most undoubtedly does, adopt
some lenient measures which may lure them to their
Recom- duty: Proceed like a kind and affectionate parent
mends a over a chu(_ whom he tenderly loves, and, instead of
more len-
ientpolicy. those harsh and severe proceedings, pass an amnesty
on all their youthful errors ; clasp them once more in
your fond and affectionate arms ; and, I will venture
to affirm, you will find them children worthy of their
sire. " But should their turbulence exist after your prof
fered terms of forgiveness, which I hope and expect
this house will immediately adopt, I will be among
the foremost of your lordships to move for such meas
ures as will effectually prevent a future relapse, and
make them feel what it is to provoke a fond and forgiv
ing parent! A parent, my lords, whose welfare has
ever been my greatest and most pleasing consolation.
This declaration may seem unnecessary ; but I will
venture to declare, the period is not far distant, when
she will want the assistance of her most distant
friends. But should the all-disposing hand of Provi
dence prevent me from affording her my poor assist-

THE UNITED STATES OF AMERICA. 467
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
ance, my prayers shall be ever for her welfare ; ' length The tea
of days be in her right hand, and in her left hand
riches and honor ; may her ways be ways of pleasant
ness, and all her paths be peace. ' "
Notwithstanding this eloquent and conservative ap- The bill
peal, the bill passed into a law. This was followed by F
" An Act for making more effectual provision for the The Que-
government of the province of Quebec in North Amer- june 1774.
ica," passed June eighteenth following. This was fol
lowed by "An Act to prevent the exportation to foreign The export
parts of utensils made use of in the cotton, linen, andmei 10 "
woolen, cmd silk manufactures of this kingdom."
This ended the series of measures adopted at this
session of parliament for punishing and subjugating the
colonies.

We must now - follow these measures across the General
Atlantic, and mark their operation* upon the colonies 0f these
and the people which they were intended to subjugate. ^°^tpar"
The scene opens in the fated town of Boston in Massa
chusetts Bay. By the provisions of the Port Bill, and
the other enactments, the seat of government of the col
ony, and the custom-house, were transferred from
Boston to Salem. Armed vessels were stationed in
the harbour to prevent the entry of ships. A fine
was imposed upon the town equal to the value of the
tea destroyed ; and soldiers were quartered upon the
inhabitants, to enforce obedience to the laws and
regulations established by parliament, for the collec
tion of the commercial tax of three-pence per pound
upon tea, shipped to America by the East India Com
pany; as well from their ware-houses in England,
where the tax upon the company was withdrawn, as
from India direct. Strange as it may now appear, it Reception
was resolutely insisted by the dominant administratioii measures
party in England, that by adopting these retributive meas- °^Pa r^*"
ures against Boston, and thus making that town an exam- America,
pie, it would not only awe the other towns into submis-

468 THE ' GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The tea sion, but also that the advantages which they might
d"ty- derive from the closing of the port of Boston, would
pariia- induce the other colonies to look indifferently on the
mentary controversy, and perhaps even to espouse the cause of
the mother country. But the interests and the princi
ples involved in the contest were far otherwise esti
mated and regarded by the people- of America. The
following sentiments emanating from the town of Salem,
which was more immediately to be benefitted .by the
measures adopted, show how ignorant the ministry
were of the spirit which ruled in the colonies.
fromla?86 "^ snuttmS UP ttie P0rt °f BoEton5" tlie7 sa7>
lem. " some imagine that the course of trade might be
turned hither, and to our benefit ; but nature, in the
formation of our harbour, forbids our becoming rivals
in commerce with that convenient mart : And, were it
otherwise, we must be dead to every idea of justice,
lost to all feelings <of humanity, could we indulge one
thought to seize on wealth, and raise our fortunes, on
the ruin of our suffering neighbours."
Responded These sentiments were every where responded to.
to through "Within a very short time after the Port Bill arrived at
colonies. Boston, it was circulated through all the colonies,
printed with a broad black border, with various em
blematical expressions of the views and feelings of the
Circulation people respecting it. In Philadelphia, and other com-
ofiheBos-merciai towns, and throughout the colony of Virginia,
ton Port -in. i- i -i -+-L
Bill in the day appointed for its operation was regarded with
America. «fastmgj humiliation and prayer." And it was
ings in recommended to the inhabitants " to implore that God
mean°^lva" would give the people one heart and one mind firmly
Virginia, to oppose every invasion of the American rights."
Opinions There was, perhaps, no man in all America who had
of Wash- watched with a keener or more profound observation
ington on * . .
the tea du- the progress of things, both in England and on tins
i774.Uly'. continent, at this time, than George Washington. I
therefore give place to the expression of his views, not
only as worthy of all respect and confidence, but also

THE UNITED STATES OF AMERICA. 469
the commercial system of taxation. Part III.
as indicating the general and prevailing sentiment of the Tne tea
people of the colonies. They are contained in a letter 0"^'.
written from Mount Yernon, and bearing date the fourth ?t Wash
day of July, to Mr. Bryan Fairfax, urging him to offer iyf 1^74. U"
himself as a candidate for the house of burgesses. Mr.
Fairfax had declined being a candidate, because his
sentiments differed so from thbse generally entertained
by the people ; he thought he " could not give satisfac
tion at this time, as he was opposed to strong measures
of resistance." Washington writes — " As to your polit- Letter to
ical sentiments I would heartily join -you in them, so far fa£ air"
as relates to a humble and dutiful petition to the
throne, provided there was the most distant hope of
success : But have we not tried this already ? Have
we not addressed the lords, and remonstrated to the
commons ? And to what end ? Did they deign to
look at our petitions? Does it not. appear, as clear as
the sun in its meridian brightness, that there is a reg
ular systematic plan formed to fix the right and prac
tice of taxation upon us ? Does not the uniform con- No hope of
duct of parliament for- some years past confirm this ? ^0™par.
Do not all the debates, especially those just brought to "ament.
us, in the House of Commons, on the side of govern
ment, expressly declare that America must be taxed in
aid of the British funds, and that she has no longer
resources within herself? Is there any thing to be
expected from petitioning after this ? Is not the attack
upon the liberty and property of the people of Boston,
before restitution of the loss to the East India Com
pany was demanded, a plain and self-evident proof of
what they are aiming at ? Do not the subsequent bills The acts of
(now, I dare say, acts) for depriving the Massachusetts against6"
Bay of its charter, and for transporting offenders into Bost°n.
other colonies, or to Great Britain, for trial, where it is
impossible from the nature of the thing that justice
can be obtained, convince us that the administration is
determined to stick at nothing to carry its point?

470 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The tea Ought we not, then, to put our virtue and fortitude to
*2 Sparks' the severest test ? " *
Writings And again in a letter addressed to the same Mr.
ington. Fairfax, on the twentieth of the same month, he says :
"That I differ very widely from you, in respect to the
Opinions mode of obtaining a repeal of the acts so much com-
ingtonf " plained of, I shall not hesitate to acknowledge ; and
July, 1774. that this difference in opinion probably proceeds from
the different constructions we put upon the conduct
and intention of the ministry, may also be true ; but,
as I see nothing, on the one hand, to induce a belief
that the parliament would allow a favorable opportunity
to pass, in order to enforce their tyrannical system ;
and, on the other, I observe, or think I observe, that
Believes government is pursuing a regular plan, at the expense
the design 0f iaw an(j iustice, to overthrow our constitutional
is to over- -,-,.,.-, T a j
throw rights and liberties; how can I expect any redress
American from a measure, which has been ineffectually tried
, already ? For, Sir, what is it we are contending
against ? Is it against paying the duty of three-pence
per pound on tea because burthensome ? No, it is the
right only that we have all along disputed; and to this
end we have already petitioned his majesty in as hum
ble and dutiful a manner as subjects could do. Nay,
more, we applied to the House of Lords and House of
Commons, in their different legislative capacities, set
ting forth, that as Englishmen we could not be de
prived of this essential and valuable part of our con-
The true stitution. If, then, as the fact really is, it is against
stated. the right of taxation that we now do, and, as I before
said, all along have contended, why should they sup
pose that an exertion of this power would be less ob
noxious now than formerly ? And what reason have
No justifi- we to believe that they would make a second attempt
cation of wn^st tne same sentiments fill the breast of every
the pro- , "
ceedings American, if they did not intend to enforce it il
against •-, i i
Boston. possible ?
"The conduct ofthe Boston people could not justify

THE UNITED STATES OF AMERICA. 471
the commercial system of taxation. Part III.
the rigor of their measures, unless there had been a The tea
requisition of payment and refusal of it ; nor did that dutJ\
conduct require an act to deprive the government ofoMVash-
Massachusetts Bay of their charter ; or to exempt jjf0"'^
offenders from trial in the places where offences were
committed ; as there was not, nor could there be, a
single instance produced to manifest the necessity of it. Evidences
Are not all these things evident proofs of a fixed and°f mm-™8
uniform plan to tax us ? If we want further proofs, ktry.
do not all the debates in the House of Commons serve
to confirm this ? What hope have we then from peti
tioning, when they tell us that now or never is the No hope
time to fix the matter ? Shall we, after this, whine tioSng! '
and cry for relief, when we have already tried it in
vain ? Or shall we supinely sit and see one province
after another fall a sacrifice to despotism ?
" If I were in any doubt as to the right which the Has no
parliament of Great Britain had to tax us without our th^rem-
consent, I should most heartily coincide with you in ises.
opinion, that to petition, and to petition only, is the
proper method to apply for relief; because we should
then be asking a favor, and not claiming a right, which,
by the law of nature, and by our constitution, we are,
in my opinion, indubitably entitled to. I should even
think it criminal to go further than this, under such an
idea; but I have none such. I think the parliament of
Great Britain have no more right to put their hands into
my pocket, without my consent, than I have to put my
hands into yours. And this being already urged to* 2 Sparks'
them, in a firm but decent manner, by all the colonies, __"-$°fj_.
what reason is there to expect anything from their ington.
justice?"*

This letter was written in reference to the action Colonialconvei
tions.

proposed to be taken by a convention of delegates jl01"'1'

from all parts of the colony, which had been previously
called to meet at Williamsburg on the first of August
then next ensuing. Washington was elected a member

472 THE GOVERNMENTAL HISTORY OP
Part III. origin and causes of the revolution.
The tea from Fairfax county, and took his seat in the conven-
y' tion, and had a controlling influence over all its pro- '
ceedings. Similar conventions were held in all of the
colonies. A correspondence was opened between them,
by committees appointed for the purpose, relative to
A General the expediency of calling a general congress of dele-
suggested, gates from the several colonies, to take into considera
tion the late acts of parliament, as well as to devise
some method of obtaining relief. The arbitrary and
high-handed measures of the ministry, as one after
another they were devised and passed through parha
ment, and reached America, alarmed the colonies and
General re- the people ; and they universally responded to the
the propo- proposition. A resolution passed the convention of
sal. Virginia, which expressed not only the sentiments of
that colony, but of every other. It was as follows,
viz.:
Resolution "Resolved, That an attack made on one of our sis-
ginia Con- tor colonies, to compel submission to arbitrary taxes,
vehtion. is an atfacjc made on all British America, and threatens
ruin to the rights of all, unless the united wisdom of
the whole should be applied."
The Gen- It was under such a conviction of its necessity, that
eral Colo- a Colonial Congress was recommended ; delegates to it
gress,Sept. were promptly appointed, and met in " Carpenter's
m*' . Hall " in Philadelphia, September fifth, 1774. This con
gress was composed of delegates varying in the number
representing the different colonies, viz. :
Names of New Hampshire — John Sullivan, Nathaniel Folsom.
Delegates. Massachusetts Bay — Thomas Cushing, Samuel Ad
ams, John Adams, Robert Treate Paine.
New York — Isaac Low, John Alsop, John Jay,
James Duane, William Floyd, Henry Wisner, S. Boe-
rum, Philip Livingston.
New Jersey — James Kinsey, William Livingston,
Stephen Crane, Richard Smith, John De Hart.
New Castle, Kent, and Sussex on Delaware — Cassar
Rodney, Thomas McKeane, George Read.

THE UNITED STATES OF AMERICA. 473
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
Rhode Island — Stephen Hopkins, Samuel Ward. The Coio-
Pennsylvania — Joseph Galloway, John Dickinson, _J!__F_?"
Ki coo tLL
Charles Humphreys, Thomas Mifflin, Edward Biddle, Philadei-
John Morton, George Ross. 1774. ep-'
Maryland — Matthew Tilghman, Thomas Johnson,
William Paca, Samuel Chase,  Goldsborough.
Virginia — Richard Henry Lee, George Washington,
P. Henry, Jun., Richard Bland, Peyton Randolph,
Benjamin Harrison, Edmund Pendleton.
North Carolina — William Hooper, Joseph Hewes,
R. Caswell.
South Carolina — Henry Middleton, Thomas Lynch,
Christopher Gadsden, John Rutledge, .Edward Rut-
ledge. Connecticut — Eliphalet Dyer, Roger Sherman, Silas
Deane. On the opening of the congress, the Hon. Peyton its organi-
Randolph was unanimously chosen president, and Mr. zatl0n'
Charles Thomson, secretary. The credentials of the
several members were then produced and approved ;
soon after which, the house went into an informal con
sideration of the rules and regulations by which their
proceedings should be governed ; but as they were un
able accurately to ascertain the relative population or
importance of each colony represented, they adjourned, ,
without coming to any definite conclusion, to the sixth,
at 10, A. M
September 6th, 1774. The congress met pursuant to Rules of
adjournment, and resumed the consideration of the*^°n"
rules and conduct to be observed in debating and deter
mining the questions which should come under delib
eration, when they passed the following, viz. :
" Resolved, that in determining questions in this con- Each colo-
gress, each colony or province, shall have one vote. "ne°oteJe
The congress not being possessed of, or at present able
to procure any proper materials for ascertaining the im
portance of each colony.

474 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The Colo- " Resolved, that no person shall speak more than
gress Sept. twice on *ne same point, without leave of the congress.
1774. " Resolved, that no question shall be determined the
day on whicB it is agitated and debated, if any one of
the colonies desire the determination to be postponed
to another day.
To sit with " Resolved, that the doors be kept shut during the
aoors &c. *™e °f business, and that the members consider them
selves under the strongest obligations of honor to keep
the proceedings secret, until the majority shall direct
them to be made public.
Commit- " Resolved, unanimously, that a committee be ap-
tei °"ai Pomted to state the rights of the colonies in general ;
rights. the several instances in which these rights are violated
or infringed ; and the means most proper to be pursued
for obtaining a restoration of them.
"Ordered, that the appointment of the committee,
and the number of which it shall consist, be deferred
until to-morrow.
Commit- " Resolved, that a committee be appointed to exam-
tee on me an(j report the several statutes which affect the trade
trade and „
manufac- and manufactures of the colonies, came order as
tures. above respecting the appointment and number of this
committee.
To be " Resolved, that the Rev. Mr. Duche" be desired to
opened open the congress to-morrow with prayer, at ' Carpen-
prayers. ter's Hall,' at nine o'clock."
September 1th, 1774. The congress took up the con
sideration of the appointment of the committees afore
said, and decided that the first committee should con
sist of two from each colony, viz. :
The com- Major John Sullivan, and Colonel Folsom of New
crfonLr Hampshire : Mr. Samuel Adams and Mr. John Adams
rights. of Massachusetts Bay : Mr. Hopkins and Mr. Ward of
Rhode Island : Colonel Dyer and Roger Sherman of
Connecticut : Mr. James Duane and John Jay of New
York : Mr. Livingston and Mr. DeHart of New Jer
sey : Mr. Joseph Galloway and Mr. Biddle of Pennsyl-

THE UNITED STATES OF AMERICA. 475
THE COMMERCIAL SYSTEM OF TAXATION. PART IH.
vania : Mr. Csesar Rodney and Mr. M'Keane of Three The Colo-
Counties : Mr. Thomas Johnson and Mr. Goldsborough "^^gg"
of Maryland : Mr. Lee and Mr. Pendleton of Virginia : 1774.
Mr. Lynch and Mr. J. Rutledge of South Carolina.
The second committee was composed of one from
each colony, viz. :
New Hampshire, Mr. Sullivan ; Massachusetts Bay, The com-
Mr. Cushing; Rhode Island, Mr. Hopkins; Connecti- m^e °°
cut, Mr. Deane ; New York, Mr. Low ; New Jersey,
Mr. Kinsey ; Pennsylvania, Mr. Mifflin ; Three Coun
ties, Mr. Read ; Maryland, Mr. Chase ; Virginia, Mr.
Henry ; South Carolina, Mr. Gadsden.
It was then further "Resolved, that the president may p0wer of
adjourn the congress from day to day, when he finds present
there is no business prepared to be laid before them, &c.
and may, when he finds it necessary, call them together
before the time to which they may stand adjourned."
On the fourteenth of September, the delegates from Delegates
North Carolina appeared and presented their creden- *Eom,
tials, whieh were read and approved, and they were per- Carolina,
mitted to take their seats in the congress.
The congress having received and deliberated upon proceeu.
a communication from the colony of Massachusetts Bay, i«gs in ref-
setting forth the late acts of parliament in relation to Mass. Bay.
that province, the following resolutions were passed :
"Resolved, that this congress do approve ofthe op-sust_m
position made by the inhabitants of the Massachusetts Masa- Bay-
Bay, to the execution of the late acts of parliament ;
and if the same shall be attempted to be carried into
execution by force, in such case all America ought to
support them in their opposition.
" Resolved, that the removal of the people of Boston Generai
into the country, would be not only extremely difficult contribu-
in the execution, but so important in its consequences, aid.
as to require the utmost deliberation before it is
adopted. But in case the provincial meeting of that
colony shall judge it absolutely necessary, it is the opin
ion of this congress that all America ought to con-

476 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the resolution.
The Colo- tribute towards recompensing them for the injury they
g^Sept.111^*11^6^8118^11- 1774. " Resolved, that this congress do recommend to the
Jubmis-ar7 inhabitants of Massachusetts Bay, to submit to a sus-
sion rec- pension of the administration of justice, where it can
ed J " not be procured in a legal and peaceable manner under
the rules of the charter, and the laws founded thereon,
until the effect of our application for the repeal of the
acts, by which their charter-rights are infringed, is
known.
None to ac- " Resolved unanimously, that every person who shall
under the *a^e> accept, or act under any commission or authority,
late acts of in any wise derived from the act passed in the last se6-
ment. si°n °f parliament, changing the form of government,
and violating the charter of the province of Massachu
setts Bay, ought to be held in detestation, and consid
ered the wicked tool of that despotism which is pre
paring to destroy those rights which God, nature, and
compact, have given to America.
Recom- " Resolved unanimously, that the people of Boston and
mend for- the Massachusetts Bay, be advised still to conduct them-
to Mass. selves peaceably towards his excellency General Gage,
Bay- and his majesty's troops now stationed in the' town of
Boston, as far as can possibly consist with their imme
diate safety and the security of the town, avoiding and
discountenancing every violation of his majesty's prop
erty, or any insult to Iris troops ; and that they peace
ably and firmly persevere in the line in which they are
now conducting themselves on the defensive.
Resistance " Resolved, that the seizing, or attempting to seize,
to seizure any pers011 m America in order to transport such per
son beyond the sea, for trials of offenses committed
within the body of a county in America, being against
law, will justify, and ought to meet with resistance and
reprisal." A letter was also addressed to General Gage, com
mander of his majesty's troops at Boston, as follows :

THE UNITED STATES OF AMERICA. 477
THE COMMERCIAL SYSTEM OF TAXATION.- PART III.
"Philadelphia, Oct. 1(3, 1774. nial Con-"
" Sir, — The inhabitants of the town of Boston have in- s™ss> SeP*-
formed us, the representatives of his majesty's faithful
subjects, in all the colonies from Nova Scotia to Geor
gia, that the fortifications erecting within that town,
the frequent invasions of private property, and the re
peated insults they receive from the soldiery, have given
them great reason to suspect a plan is formed very
destructive to them, and tending to overthrow the lib
erties of America. Your excellency cannot be a stran
ger to the sentiments of America with respect to the
late acts of parliament, under the execution of which
those unhappy people are oppressed ; the approbation
universally expressed of their conduct, and the deter
mined resolutions of the colonies for the preservation,
of their common rights, to unite in their opposition to
those acts. In consequence of these sentiments, they Letter to
have appointed us the guardians of their rights and lib- Gen. Gage
erties, and we are under the deepest concern, that,
whilst we are pursuing every dutiful and peaceable
measure, to procure a cordial and effectual reconcilia
tion between Great Britain and the colonies, your excel
lency should proceed in a manner that bears so hostile
an appearance, and which even these oppressive acts do
not warrant. We entreat your excellency to consider
what tendency this conduct must have to irritate and
force a people, however well disposed to peaceable
measures, into hostilities which may prevent the en
deavors of this congress to restore a good understand
ing with a parent state, and may involve us in the hor
rors of a civil war. In order, therefore, to quiet the
minds, and remove the reasonable jealousies of the peo
ple, that they may not be driven to a state of despera
tion, being fully persuaded of their pacific disposition
towards the king's troops, could they be assured of their
own safety, we hope, sir, yori will discontinue the for
tifications in and about Boston, prevent any further in-

478 THE GOVERNMENTAL HISTORY OF
Part III. origin and Causes of the revolution.
The Colo- vasions of private property, restrain the irregularities
gress Sept. °^ *ne soldiers, and give orders that the communica-
1774. tions between the town and country may be open, un
molested, and free. Signed by order and in behalf of
the General Congress. Peyton Randolph, President.

The Declaration of Rights, and other proceedings
prepared by the respective committees, and published
by this congress, contain so full and comprehensive a
view of all the grievances complained of, and of the
rights claimed in America, and so well illustrate the
position in which the two countries now stood with ref
erence to each other, that they necessarily become a
part of this work. The Declaration of Rights.
The Decla- " Whereas, since the close of the last war, the Brit-
Kghts.°f *sn parliament, claiming a power, of right, to bind the
people of America by statutes in all cases whatsoever,
hath in some acts expressly imposed taxes upon them ;
and in others, under various pretences, but in fact for
the purpose of raising a revenue, -hath imposed rates
and duties payable in these colonies, established aboard
Enumera- of commissioners with unconstitutional powers, and
grievan- extended the jurisdiction of courts of admiralty, not
ces. 0nly for collecting the said duties, but for the trial of
causes merely arising within the body of a county.
"And whereas, in consequence of other statutes,
judges, who before held only estates at will in their
offices, have been made dependent on the^crown alone
for their salaries, and standing armies kept in times
of peace. And whereas, it has lately been resolved in
parliament, that by force of a statute, made in the
thirty-fifth year of the reign of king Henry VIII., col
onists may be transported to England and tried there
upon acousations for treasons, and misprisions and con
cealments of treasons committed in the colonies, and

THE UNITED STATES OF AMERICA. 479
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
by a late statute such trials have been directed in cases The Colo-
therein mentioned. And whereas, in the last session °1„tLCo0n.'
' gress ah
of parliament, three statutes were made ; one entitled PhUadel-
' An Act to discontinue in such manner and for such Decl^r _
time as therein mentioned, the landing and discharging, tion of
lading or shipping of goods, wares, and merchandise lg 3 y'
at the town, and within the harbour of Boston, in the
province of Massachusetts Bay, in North America,'
and another, entitled 'An Act for the impartial admin- Late acts
istration of justice, in the cases of persons questioned of P£rlia-
for any act done by them in the execution of the law,
or for the suppression of riots and tumults, in the
province of Massachusetts Bay in New England ; ' and
another statute was then made, ' For making more ef
fectual provision for the government of the province
of Quebec,' &c. All which statutes are impolitic, Said acts
unjust, and cruel, as well as unconstitutional, and most ™t;°_^f *
dangerous and destructive of American rights. And
whereas, assemblies have been frequently dissolved,
contrary to the rights of the people, when they attempt
ed to deliberate on grievances, and their dutiful, hum
ble, loyal, and reasonable petitions to the crown for
redress have been repeatedly treated with contempt by
his majesty's ministers of state, the good people of the
several colonies of New Hampshire, Massachusetts
Bay Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania,
Newcastle, Kent and Sussex on Delaware, Mary
land, Virginia, North Carolina and South Carolina,
justly alarmed at the arbitrary proceedings of parlia
ment and administration, have severally elected, con
stituted and appointed deputies to meet and sit in gen
eral congress, in the city of Philadelphia, in order to
obtain such establishment, as that their religion, laws,
and liberties may not be subverted; whereupon the
deputies so appointed, being now assembled, in a full
and free representation of these colonies, taking into
their most serious consideration, the best means of

480 THE governmental history of
Part III. origin and causes of the revolution.
The Colo- attaining the ends aforesaid, do in the first place, as
gressat1" Englishmen their ancestors have in like cases usually
PhUadel- done, for asserting and vindicating their rights and
j? m' ' liberties, Declare, that the inhabitants of the English
tion of colonies in North America, by the immutable laws ofna-
f s y' ture, the principles of the English constitution, and the
several charters or compacts, have the following Rights :
"Resolved nemine contradicente. I. That they
are entitled to life, liberty, and property, and have
never ceded to any sovereign power whatever, a right .
to dispose of either without their consent.
"II. That our ancestors were, at the time of their
emigration from the mother country, entitled to all
the rights, liberties, and immunities of free and nat
ural born subjects within the realm of England.
Enumera- "HI. That, bv such emigration, they neither for-
tion of „ .- , • , , , p i . ,
their feited, surrendered, nor lost, any of those rights. .
rights. «IVi That the foundation of English liberty, and of
all free government, is a right in the people to partici
pate in their legislative council ; and as the English
colonists are not represented, and, from their local and
other circumstances, cannot properly be represented in
the British parliament, they are entitled to a free and
exclusive power of legislation, in their several provin
cial legislatures, where their right of legislation can
only be preserved, in all cases of taxation and internal
polity, subject only to the negative of their sovereign,
in such manner as has been heretofore used and accus
tomed ; but from the necessity of the case, and a regard
to the mutual interests of both countries, we cheerfully
consent to the operation of such acts of the British
parliament as are bona fide restrained to the regulation
of our external commerce, for the purposes of securing
the commercial advantages of the whole empire to the
mother country, and the commercial benefits of its re
spective members, excluding every idea of taxation,
internal or external, for raising a revenue on the sub
jects in America without their consent.

THE UNITED STATES OF AMERICA. 481
THE COMMERCIAL SYSTEM OF TAXATION. PART III,
" V. That the respective colonies are entitled to the The coio-
common law of England, and more especially, to the greSBc_""
great and inestimable privilege of being tried by their Phiiadei-
peers of the vicinage, according to the course of that '
law. " VI. That they are entitled to the benefit of such
of the English statutes as existed at the time of their
colonization, aud which they have, by experience, re
spectively found to be applicable to their several local
and other circumstances.
"VH. That these his majesty's colonies are likewise
entitled to all the immunities and privileges, granted
and confirmed to them by royal charters, or secured
by their several codes of provincial laws.
" VIII. That they have a right peaceably to assemble, Declara-
consider of their grievances, and petition the king;*!°£°f,
and that all prosecutions, prohibitory proclamations,
and commitments for the same, are illegal.
"IX. That the keeping a standing army in these
colonies, in time of peace, without the consent of the
legislature of that colony in which such army is kept,
is against law.
" X. It is indispensably necessary to good govern
ment, and rendered essential by the English constitu
tion, that the constituent branches of the legislature
be independent of each other ; that, therefore, the
exercise of legislative power, in several colonies, by a
council appointed during the pleasure of the crown,
is unconstitutional, dangerous, and destructive to the
freedom of American legislation.
"All and each of which, the aforesaid deputies, in
behalf of themselves and their constituents, do claim,
demand, and insist on, as their indubitable rights and
liberties, which cannot be legally taken from them,
altered or abridged by any power whatever, without
their own consent by their representatives in their sev- infringe-
eral provincial legislatures. ™ents of,
"Resolved n. c, That the following acts of par- ment.
31

482 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- liament are infringements and violations of the rights
gress at of the colonists, and that the repeal of them is essen-
IJ.1™' tially necessary, in order to restore harmony between
Declara- Great Britain and the American colonies, viz., — The
'^°h°b several Acts of 4 Geo- IIL Ch- 15 and Ch- 34 : 5 Geo-
"e *8 y' III. Ch. 25: 6 Geo. IIL Ch. 52: 7. Geo. m. Ch. 41
and 46 : 8 Geo. III. Ch. 22, which impose duties for
the purpose of raising a revenue in America, extend
the powers of the admiralty courts beyond their ancient
limits, deprive the American subject of trial by jury,
authorize the judge's certificate to indemnify the prose
cutor from damages that he might otherwise be liable
to, requiring oppressive security from a claimant of
ships and goods seized, before he shall be allowed to
defend his property, and are subversive of American
rights. Also, 12 Geo. III. Ch. 24, entitled 'An Act for
the better securing his majesty's dockyards, magazines,
ships, ammunition and stores,' which declares a new
offence in America, and deprives the American sub-
jects of a constitutional trial by jury of the vicinage,
tion of of- by authorizing the trial of any person charged with the
statutes committing any offence described in the said act out
of the realm, to be indicted and tried for the same in
any shire or county witliin the realm. Also, the three
acts passed in the last session of parliament, by stop
ping the port and blocking up the harbour of Boston,
for altering the charter and government of Massachu
setts Bay ; and that which is entitled ' An act for the
better administration of justice, &c.' Also, the act
passed in the same session for establishing the Roman
Catholic religion in the province of Quebec, abolishing
the equitable system of English laws, and erecting a
tyranny tliere to the great danger, from the total dis
similarity of religion, law, and government, of the
neighboring British colonies, by the assistance of whose
blood and treasure the said country was conquered
from Prance. Also, the act passed in the same session
for the better providing suitable quarters for officers

THE UNITED STATES OF AMERICA. 483
the commercial system of taxation. Part III.
and soldiers in his majesty's service in North America. The coio-
Also, that the keeping a standing army, in several of nJ.als00 »"
these colonies, in time of peace, without the consent Phiiadel-
of the legislature of that colony in which such army is p ia'
kept, is against law.
" To these grievous acts and measures, Americans Proposed
cannot submit; but in hopes their, fellow subjects in "/redress.
Great Britain will, on a revision of them, restore us
to that state in whicli both countries found happiness
and prosperity, we have for the present only resolved
to pursue the following peaceable measures — 1. To
enter into a non-importation, non-consumption, and
non-exportation agreement or association. — 2. To pre
pare an address to the people of Great Britain, and a
memorial to the inhabitants of British America — and
3. To prepare a loyal address to his majesty agreeable
to resolutions already entered into.
"I. Articles of Association in Non-Importation,
NON-EXPORTATION, AND NON-CONSUMPTION.
" We, his majesty's most loyal subjects, the delegates The asso- 1
of the several colonies of New Hampshire, Massachu- ciatl?n for
r ' non-im-
setts Bay, Rhode Island, Connecticut, New York, New portation,
Jersey, Pennsylvania, the three lower counties of New- c-
castle, Kent, and Sussex, on Delaware, Maryland, Vir
ginia, North Carolina and South Carolina, deputed to
represent them in. a. continental congress held in the
city of Philadelphia, on the fifth day of September,
1774: Avowing our allegiance to his majesty, our
affection and regard for our fellow subjects in Great
Britain and elsewhere ; affected with the deepest anxiety, Preamble.
and most alarming apprehensions at those grievances
and distresses with which his majesty's American sub
jects are oppressed ; and having taken under our most
serious deliberation, the state' of the whole continent,
find ; that the present unhappy situation of our affairs
is occasioned by a ruinous system of colony adminis
tration adopted by the British ministry about the year

484 THE GOVERNMENTAL history of
Part III. origin and causes of the revolution.
Proceed- 1763, evidently calculated for enslaving these colonies,
colonial and with them the British empire. In prosecution of
¦Phuidei8-at wmcn system various acts of parliament have been
phia, 1774. passed for raising a revenue in America ; for depriving
the American subjects, in many instances of the con
stitutional trial by jury, exposing their lives to danger,
by directing a new and illegal trial beyond the seas, for
crimes alledged to have been committed in America.
And in prosecution of the same system, several late
cruel and oppressive acts have been passed respecting
the town of Boston and the Massachusetts Bay ; and
also an act for extending the province of Quebec so as
to border on the western frontiers of these colonies,
establishing an arbitrary government therein, and dis
couraging the settlement of British subjects in that
The asso- wide extended country ; thus by the influence of evil
ciation for principles and ancient prejudices, to dispose the inhab-
portation, itants to act with hostility against the free Protestant
&c' colonies, whenever a wicked ministry shall choose to
direct them.
Object of " To obtain redress of these grievances, which
ciation.0 threaten destruction to the lives, liberty, and property
of his majesty's subjects in North America, we are of
opinion that a non-importation, non-consumption, and
non-exportation agreement, faithfully adhered to, will
prove the most speedy, effectual, and peaceable meas
ure. And therefore we do, for ourselves, and the inhab
itants of the several colonies whom we represent, firmly
agree and associate under the sacred ties of virtue,
honor, and love of our country, as follows :
Merchan- " First. That from and after the first day of Decem-
teabanded. ber next we will not import into British America,
from Great Britain or Ireland, any goods, wares, or
merchandise whatsoever, or from any other place,
any such goods, wares, or merchandise, as shall have
been exported from Great Britain or Ireland : Nor will
we, after that day, import any East India tea from any
part of the world ; nor any molasses, syrups, paneles,

THE UNITED STATES OF AMERICA. 485
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
coffee or pimento, from the British plantations or from Proceed-
Dominica; nor wines from Madeira, or the Western J^s^onhe
Islands; nor foreign indigo. congress at
" Second. We will neither import^ nor purchase any v^ ^74.
slave imported, after the first day of December next : Slaves and
after wliich time we will wholly discontinue the slave tra_e7
trade, and will neither be concerned in it ourselves,
nor will we hire our vessels, nor sell our commodities or
manufactures to those who are concerned in it.
"Third. As a non-consumption agreement, strictly Non-con-
edhered to, will be an effectual security for the observa- sumption,
. . when to
tion of the non-importation, we as above, solemnly begin.
agree and associate, that from this day, we will not pur
chase or use any tea imported on account of the East
India Company, or any on which a duty hath been or
shall be paid ; and from and after the first day of March
next we will not purchase or use any East India tea East India
whatever; nor will we, nor shall any person for or_;C's
under us, purchase or use any of the goods, wares or
merchandise, we have agreed not to import, which we
shall know or have cause to suspect were imported
after the first day of December, except such as come
under the rules and directions of the tenth article
hereafter mentioned.
" Fourth. Tlie earnest desire we have not to injure Non-ex-
our fellow-subjects in Great Britain, Ireland, or _ixe Portatl<,n< -
West Indies, induces us to suspend a non-exportation,
until the tenth day of September, 1775 ; at which time
if the said acts and parts of acts of the British parlia
ment herein after mentioned, are not repealed, we will
not, directly or indirectly, export any merchandise or
commodity whatsoever to Great Britain, Ireland, or the
West Indies, except rice to Europe.
" Fifth. Such as are merchants and use the British Orders to
and Irish trade, will give orders as soon as possible, topondents.
their factors, agents and correspondents, in Great Brit
ain and Ireland, not to ship any goods to them, on any
pretence whatever, as they cannot be received in Amer-

486 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Prbceed- ica ; and if any merchants residing in Great Britain or
oofonial* ° Ireland, shall directly or 'indirectly ship any goods,
congress at wares, and merchandise, for America, in order to break
phia, 1774. the said non-impor_:ation agreement, or in any manner
The ar- contravene the same, on such unworthy conduct being
non-im- well attested, it ought to be made public ; and on the
portation, same being so dorie, we will not, from thenceforth, have
any connection with such merchant.
Owners of « Sixth. That such as are owners of vessels will give
positive orders to tlieir captains or masters, not to
receive on board their vessels, any goods prohibited by
the said non-importation agreement, on pain of imme
diate dismission from their service.
Improve- " Seventh. We will use our utmost endeavors to
__eeP.° improve the breed of sheep and increase their number
to the greatest extent ; and to that end we will kill
them as seldom as may be, especially those of the most
profitable kind ; nor will we export any to the West
Indies or elsewhere ; and those of us, who are or may
become overflocked with, or can conveniently spare any
sheep, will dispose of them to our neighbours, espe
cially to the poorer sort, on moderate terms.
_ ,.,. " Eighth. We will, in our several stations, encour-
irugality ' '
and econo- age frugality, economy, and industry, and promote
erujour-6 agriculture, arts, and the manufactures of this coun-
aged- try, especially that of wool ; and will discountenance and
discourage every species of extravagance and dissipa
tion, especially all horse-racing, and all kinds of gaming,
cock-fighting, exhibitions of shows, plays, and other
expensive diversions and entertainments ; and on the
death of any relation or friend, none of us, or any of
our families, will go into any further mourning dress
than black crape or ribbon on the arm or hat for gen
tlemen, and a black ribbon and necklace for ladies;
and we will discontinue the giving of gloves and scarves
goods°iurt at funerals.
vantaVd:' " Ninth, ^uch as are venders of goods or merchan-
the times, dise will not take advantage of the scarcity of goods

Venders of

THE UNITED STATES OF AMERICA. 487
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
that may be occasioned by this association, but will sell Proceed-
the same at the rates we have been respectively accus- colonial
tomed to do for twelve months last past. And if' any p^J_™_at
vender of goods or merchandise, shall sell any such phia, 1774.
goods on higher terms, or shall in any manner, or fey £he ar"
any device whatsoever, violate or depart from thisnon-im-
agreement, no person ought, nor will any of us deal Pi°'tatl0n'
with any such person, or his, or her factor or agent, at
any time thereafter for any commodity whatever.
"Tenth. In case any merchant, trader, or other per- Current
sons shall import any goods or merchandise after the™P^rta"
first day of December, and before the .first day of Feb-
. ruary next, the same ought forthwith, at the election
of the owner, to be either reshipped, or delivered up to
the committee of the county or town wherein they
shall be imported, to be stored at the risk of the
importer, until the non-importation agreement shall
cease ; or be sold under the directions of the committee
aforesaid ; and in the last mentioned case, the owner
or owners of such goods shall be reimbursed (out of the
sales,) the first cost and charges ; the profit, if any, to
be applied towards relieving and employing such poor
inhabitants .of the town of Boston, as are immediate
sufferers by the Boston Pprt Bill; and a particular
account of all goods so returned, stored or sold, to be
inserted in the public papers ; and if any goods or
merchandise shall be imported after the said first day
of February, the same ought to be forthwith sent back
again, without breaking any of the packages thereof.
" Eleventh. That a committee be chosen in every vigilance
county, city, and town, by those who. are qualified to
vote for representatives in the legislature, whose busi
ness it shall be attentively to observe the conduct of
all persons touching this association ; and when it shall
be made to appear to the satisfaction of a majority of
any such committee, that any person within the limits
of their appointment has violated this association, that
such majority do forthwith cause the truth of the

committees.

course.

488 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Proceed- case to be published in the Gazette : to the end that all
co?onialthe sucn *°es to tne righ*s °f British America may be pub-
congress at licly known, and universally contemned as the enemies
phia, 1774. of American liberty ; and henceforth we respectively
The ar- will break off all dealings with him or her.
non-im- " Twelfth. That the committee of correspondence
portation, _n the respective colonies do frequently inspect the
Commit- entries of their custom-houses, and inform each other
tees of cor- from ^me ^j tim& of the true state thereof, and of
respond- . . ,
ence. every other material circumstance that may occur rela
tive to this association.
" Thirteenth. That all manufactures of this cown-
Price of try be sold at reasonable prices, so that no undue ad-
goods, vantage be taken of a future scarcity of goods.
Non-inter- " Fourteenth. And we do further agree and resolve
that we will have no trade, commerce, dealings, or
intercourse whatsoever, with any colony or province in
North America, which shall not accede to, or which
shall hereafter violate this association, but will hold
them as unworthy the rights of freemen, and as inim
ical to the liberties of their country. And we do sol
emnly bind ourselves and our constituents, under the
ties aforesaid, to adhere to this association until such
parts of the several acts of parliament, passed since the
close of the last war, as impose or continue duties on
teas, wine, molasses, syrups, paneles, coffee, sugar,
pimento, indigo, foreign paper, glass, and painters' col
ours, imported into America ; and extend the powers
of admiralty courts beyond their ancient limits ; deprive
the American subject of trial by jury ; authorize the
judge's certificate to indemnify the prosecutor from
damages that he might otherwise be liable to from a
trial by his peers ; require oppressive security from a
claimant of ships or goods seized, before he shall be
allowed to defend his property ; are repealed. And
until that part of the act of the 12 Geo. III. Ch. 24,
entitled ' An act for the better securing his majesty's
dock-yards, magazines, ships, ammunitions, and stores/

THE UNITED STATES OP AMERICA.

489

the commercial system of taxation.

Part III.

by which any persons charged with committing any of Proceed-
the offences therein described, in America, may be tried m&s ?f the
in any shire or county within the realm ; is repealed, congress at
And until the four acts passed the last session of par-^_;aa1^4
liament, viz., — that for stopping the port and blocking
up the harbour of Boston— that for altering the char
ter and government of the Massachusetts Bay — and
that which is entitled ' An act for the better adminis- Duration

tration of justice, &c.,' — and that 'for extending the°^*h!las"
limits of Quebec, &c.,' are repealed. And we recom
mend it to the provincial convention, and to the com
mittees/ in -the respective colonies, to establish such fur
ther regulations as they may think proper, for carrying
irito execution this association.
" The foregoing association being determined upon
by the congress, was ordered to be subscribed by the sev
eral members thereof ; and thereupon we have here
unto set our respective names accordingly.
"In Congress, Philadelphia, October 24, 1774.
Signed Peyton Randolph, Pres.

New Hampshire.
John Sullivan,
Nathaniel Folsom.
Massachusetts Bay.
Thomas Cushing,
Samuel Adams,
John Adams,
Robert Treate Paine.
Rhode Island.
Stephen Hopkins,
Samuel Ward.
Connecticut.
Eliphalet Dyer,
Roger Sherman,
Silas Deane.

New York.
Isaac Low,
John Alsop,
John Jay,
James Duane,
William Floyd,
Henry Wisner,
S. Boerum,
Philip Livingston. New Jersey.
James Kinsey,
William Livingston,
Stephen Crane,
Richard Smith,
John De Hart.
Pennsylvania.
Joseph Galloway,

Names of

signing the
same.

490 THE GOVERNMENTAL HISTORY OF
Part HI. origin and causes of the revolution.
John Dickinson, Virginia.
Charles Humphreys, Richard Henry Lee,
Thomas Mifflin, George Washington,
Edward Biddle, p. Henry, Jun.,
* John Morton, Richard Bland,
George Ross. Benjamin Harrison,
Edmund Pendleton.
Delaware.
Caesar Rodney, NoRTH Carolina.
Thomas M'Keane, William Hooper,
George Read. Joseph Hewes,

R. Caswell.

Maryland.

South Carolina.

Matthew Tilghman, Henry Middleton,
Thomas Johnson, Thomas Lynch,
William Paca, Christopher Gadsden,
Samuel Chase. Jonn Rutledge,
Edward Rutledge.

Address " TO THE KING'S MOST EXCELLENT MAJESTY..
nial con- " Most Gracious Sovereign,
king 1774 " We, your majesty's faithful subjects, of the colonies
of New Hampshire, Massachusetts Bay, Rhode Island
and Providence Plantations, Connecticut, New York,
New Jersey, Pennsylvania, the counties of Newcastle,
Kent and Sussex on Delaware, Maryland, Virginia,
North Carolina and South Carolina, in behalf of our
selves and the inhabitants of these colonies, who have
deputed us to represent them in general congress, by
this our humble petition, beg leave to lay our grievances
before the throne.
Enumera* "A standing army has been kept in these colonies
grievan- ever smce tne conclusion of the late war, without the
ces. consent of our assemblies ; and this army, with a con
siderable naval armament, has been employed to enforce
the collection of taxes. The authority of the com
mander-in-chief, and under him of the brigadier-gen
eral, has, in time of peace, been rendered supreme in
all the civil governments in America. — The commander-

THE UNITED STATES OF AMERICA. 491
THE COMMERCIAL SYSTEM OF TAXATION. PART HI.
in-chief of all your majesty's forces in North America Address
has, in time of peace, been appointed governor of a^*'
colony. — The charges of usual offices have been gyesst° the
greatly increased ; and new, expensive, and oppressive • °'
offices have been multiplied. — The judges of admiralty*
and vice-admiralty courts are empowered to receive
their salaries and fees from the effects condemned by
themselves. — The officers of the customs are empowered
to break open and enter houses without the authority
of any civil magistrate, founded on legal information. —
The judges of courts of common law have been made
entirely dependent on one part of the legislature for
their salaries, as well as for the duration of their com
missions. — Counsellors holding their commissions dur
ing pleasure exercise legislative authority. — Humble
and reasonable petitions from the representatives of the
people have been fruitless. — The agents of the people
have been discountenanced, and governors have been
instructed to prevent the payment of their salaries. — ^on'of8'"
Assemblies have been repeatedly and injuriously dis- grievan-
solved. — Commerce has been burthened with many use
less and oppressive restrictions. — By several acts of par
liament, made in the fourth, fifth, sixth, seventh, and
eighth years of your majesty's reign, duties are imposed
on us, for the purpose of raising a revenue ; and the
powers of admiralty and vice-admiralty courts are ex
tended beyond their ancient limits, whereby our prop
erty is taken from us without our consent ; the trial
by jury in many civil cases is abolished ; enormous for
feitures are incurred for slight offences ; vexatious in
formers are exempted from paying damages to which #
they are justly liable ; and oppressive security is re
quired from owners before they are allowed to defend
their rights. — Both houses of parliament have" resolved
that colonists may be tried in England for offences
alledged to have been, committed in America, by virtue
of a statute passed in the thirty-fifth year of Henry the
Eighth; and in consequence thereof attempts have

492 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address been made to enforce that statute. — A statute was
nfaUo™10" Passed in the twelfth year of your majesty's reign,
gress to the directing that persons charged with committing any
offence therein described, in any place out of the realm,
may be indicted and tried for the same in any shire or
county within the realm, whereby inhabitants of these
colonies may, in sundry cases by that statute made capi
tal, be deprived of a trial by their peers of the vicin
age.— In the last session of parliament an act was
passed for blocking up the harbour of Boston ; another,
empowering the governor of the Massachusetts Bay, to
send persons indicted for murder in that province to
another colony, or even to Great Britain, for trial,
whereby such offenders may escape legal punishment ;
a third, for altering the chartered constitution of gov
ernment in that province ; and & fourth, for extending
tion of the limits of Quebec, abolishing the English and restor-
grievan- ^ ^g jjirencn iawSj -whereby great numbers of British
freemen are subjected to the latter ; and establishing an
absolute government, and the Roman Catholic religion,
throughout those vast regions that border on the west
erly and northerly boundaries of the free, protestant
English settlements ; and a fifth, for the better providing
suitable quarters for officers and soldiers in his majes
ty's service in North America.
" To a sovereign who glories in the name of Briton,
the bare recital of these acts must, we presume, justify
the loyal subjects, who fly to the foot of the throne
and implore his clemency for protection against them.
From this destructive system of colony administration,
¦¦* adopted since the conclusion of the last war, have
flowed those distresses, dangers, fears, and jealousies,
These the that overwhelm your majesty's dutiful colonists with
0Xa°uSes affliction; and we defy our most subtle and inveterate
of dissatis- enemies to trace the unhappy difference between Great
Britain and these colonies, from an earlier period, or
from other causes, than we have assigned. Had they
proceeded on our part from a restless levity of temper,

THE UNITED STATES OF AMERICA. 493
THE COMMERCIAL SYSTEM OF TAXATION. PART III.

unjust impulses of ambition, or artful suggestions of Address
seditious persons, we should merit the opprobrious terms °f theco1*-
frequently bestowed upon us by those we revere. But gress tothe
so far from promoting innovations, we have only op- ng'
posed them ; and can be charged with no offence, unless
it be one to receive injuries and be sensible of them.
" Had our Creator been pleased to give us existence
in a land of slavery, the sense of our condition might
have been mitigated by ignorance and habit. But
thanks be to his adorable goodness, we were born the
heirs of freedom, and ever enjoyed our right under
the auspices of your royal ancestors," whose family was
seated on the British throne to rescue and secure a
pious and gallant nation from the popery and despo
tism of a superstitious and inexorable tyrant. Your
majesty we are confident justly rejoices that your title
to the crown is thus founded on the title of your peo
ple to liberty ; and therefore we doubt not but your
royal wisdom must approve the sensibility that teaches
your subjects anxiously to guard the blessings they re
ceived from Divine Providence, and thereby to prove fre0<m'Ipope-
the performance of that compact which elevated the rv and.
illustrious house of Brunswick to the imperial dignity it the guar- '
now possesses. The apprehension of being degraded ^tet^*°n
into a state of servitude, from the pre-eminent rank of
English freemen, while our minds retain the strongest
love of liberty and clearly foresee the miseries prepar
ing for us and for our posterity, excites emotions in
our breasts which, though we cannot describe, we
should not wish to conceal. Feeling as men, and think
ing as subjects, in the manner we do, silence would be .
disloyalty. By giving this faithful information, we do
all in our power to promote the great objects of your
royal cares — the tranquillity of your government, and
the welfare of your people. Duty to your majesty and
regard for the preservation of ourselves and our pos.
terity — the primary obligations of nature and society-—
command us to entreat your royal attention ; and, as

494 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address your majesty enjoys the signal distinction of reigning
nfaihcoCn°10"over freemen, we apprehend the language of freemen
gress to the cannot be displeasing. Your ro^al indignation, we
m£' ' hope, will rather fall on those designing and dangerous
men, who, daringly t interposing themselves between
your royal person, and your faithful subjects, and for
several years past incessantly employed to dissolve the
bonds of society, by abusing your majesty's authority,
misrepresenting your American subjects, and prosecut
ing the most desperate and irritating projects of op
pression, have at length compelled us, by the force-of
accumulated injuries, too severe to be any longer tol
erable, to disturb your majesty's repose by our com
plaints. These sentiments are extorted from hearts
that much more willingly would bleed in your majes
ty's service. Yet so greatly have we been misrepre
sented, that a necessity has been alledged of taking our
property from us without our consent to defray the
charge of the administration of justice ; the support
of civil government ; and the defence, protection, and
security of the colonies. But we beg leave to assure
your majesty that such provision has been and will be
made "for defraying the two first articles, as has been
and shall be judged, by the legislatures of the several
colonies, just and suitable to their respective circum
stances : Arid for the defence, protection, and security
of the colonies, their militias, if properly regulated as
they earnestly desire may immediately be done, would
be fully sufficient, at least in times of peace ; and in
case of war, your faithful colonists will be ready and
willing, as they ever have been when constitutionally
required, to demonstrate their loyalty to your majesty,
by exerting their most strenuous efforts in granting sup
plies and raising forces. Yielding to no British sub
jects in affectionate attachment to your majesty's per
son, family, and government, we too dearly prize the
privilege of expressing that attachment, by those proofs
that are honorable to the prince who receives them,

THE UNITED STATES OF AMERICA." 495
THE COMMERCIAL SYSTEM OF TAXATION. PART HI.
and the people who give them, ever to assign it to any Address
body of men upon earth. Had we been permitted to „fjfg0™10"
enjoy, in quiet, the inheritance left us by our fore-gfesstothe
fathers, we should, at this time, have been peaceably,
cheerfully, and usefully employed in recommending
ourselves, by every testimony of devotion to your maj
esty, and of veneration to the state from which we
derive our origin. But though now exposed to unex
pected and unnatural scenes of distress by a contention
with that nation in whose parental guidance on all im
portant affairs we have hitherto, with filial reverence, ,
constantly trusted, and therefore can derive no instruc
tion in our present unhappy and perplexing circumstan
ces from any former experience ; yet, we doubt not, the
purity of our intentions and the integrity of our con
duct will justify us at that grand tribunal, before which
all mankind must submit to judgment. We ask but Do not aim
for peace, liberty, and safety. We wish not a diminu- j_0__I,arar
tion of the prerogatives, nor do we solicit the grant of any
new right in our favor. Your royal authority over us,
and our connection with Great Britain, we shall always
carefully and zealously endeavor to support and main
tain. Filled with sentiments of duty to your majesty,
and of affection to our parent state, deeply impressed
by our education and strongly corifirmed by our rea
son, and anxious to evince the sincerity of these dispo
sitions, we present this petition only to obtain a redress
of grievances and relief from fears and jealousies occa
sioned by the system of statutes and regulations adopted
since the close of the last war, for raising a revenue in
America — extending the powers of courts of admiralty
and vice-a,dmiralty — trying persons in Great Britain for
offences alledged to be committed in America — affect
ing the province of Massachusetts Bay — and altering
the government and extending the limits of Quebec —
by the abolition of which system, the harmony between
Great Britain and the colonies, so necessary to the hap
piness of both, and so ardently desired by the latter,

496 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address and the usual intercourses, will be immediately restored.
nkicon0-0"!11 tne magnanimity and justice of your majesty and
gress to the parliament we confide for a redress of our other griev-
' ' ances, trusting, that when the causes of our apprehen
sions are removed, our future conduct will prove us
not unworthy of the regard we have been accustomed,
in our happier days, to enjoy. For, appealing to that
Being who searches thoroughly the hearts of his crea
tures, we solemnly profess, that our councils have been
influenced by no other motive than a dread of impend
ing destruction.
Theyim- "Permit us then, most gracious sovereign, in the
mterfer-6 name of all your faithful people in America, with the
ance of the utmost humility, to implore you; for the honor of
Almighty God, whose pure religion our enemies are
undermining ; for your glory, which can be advanced
only by rendering your subjects happy, and keeping
them united; for the.interest of your family, depending
on an adherence to the principles that enthroned it ; for
the safety and welfare of your kingdom and dominions,
threatened with almost unavoidable dangers and dis
tresses ; that your majesty, the loving father of your
whole people, connected by the same bonds of law, loy
alty, faith and blood, though dwelling in various coun
tries, will not suffer the transcendent relation formed
by these ties to be farther violated, in uncertain expect
ation of effects that, if attained, never can compensate
for the calamities through which they must be gained.
We therefore most earnestly beseech your majesty, that
your royal authority and interposition may be used for
our relief," and that a gracious answer may be given to
this petition. That your majesty may enjoy every feli
city, through a long and glorious reign over loyal and
happy subjects, and that your descendants may inherit
your prosperity and dominions till time shall be no
more, is, and always will be, our sincere and fervent
prayer."

THE UNITED STATES OF AMERICA. 497,
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
Address to the people of Great Britain, Address or
From the Delegates, appointed by the several English _iai con-
Colonies of New Hampshire, Massachusetts Bay, &ress t0 ,
f ' _ -¦_' the people
Rhode Island and Providence Plantations, Connecti- of Great
cut, New York, New Jersey, Pennsylvania, the lower i^^a'
counties on Delaware, Maryland, Virginia, North
Carolina, South Carolina, to consider of their griev
ances in General Congress, at Philadelphia, Septem
ber 5, 1774.
" Friends and fellow subjects :
" When a nation led to greatness by the hand of lib
erty, and possessed of all the glory that heroism, munifi
cence, and humanity can bestow, descends to the un
grateful task of forging chains for her friends and chil
dren, and instead of giving support to freedom turns
advocate for slavery and oppression, there is reason to
suspect she has either ceased to be virtuous, or been
extremely negligent in the appointment of her rulers.
In almost every age, in repeated conflicts, in long and
bloody wars, as well civil as foreign, against many and
powerful nations, against the open assault of enemies,
and the more dangerous treachery of friends, have the
inhabitants of your island, your great and glorious
ancestors, maintained their independence, and trans
mitted the rights of men, and the blessings of liberty
to you their posterity.
"Be not surprised, therefore, that we, who are
descended from the same common ancestors ; that we,
whose forefathers participated in all the rights, the lib
erties, and the constitution you so justly boast of, and
who have carefully conveyed the same fair inheritance
to us, guaranteed by the plighted faith of government,
and the most solemn compacts with British Sovereigns,
should refuse to surrender them to men, who found.
their claims on no principles of reason, and who prose
cute them with a design, that by having our lives and
property in their power they may, with the greater
32

498 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address of facility, enslave you. The cause of America is now the
niaicon- object of universal attention; it has at length become
gress to very serious. This unhappy country has not only been
of Great oppressed, but abused and misrepresented, and the duty
Britain, we QyfQ ^Q ourseiVes and posterity, to your interest, and
the general welfare of the British empire, leads" us to
address you on this very important subject: Know
then, that we consider ourselves, and do insist, that we
are and ought to be, as free as our fellow subjects in
Britain, and that no power on earth has a right to take
our property from us without our consent. That we
claim all the benefits secured to the subject by the Eng
lish constitution, and particularly that inestimable one
of trial by jury. That we hold it essential to English
liberty, that no man be condemned unheard, or pun
ished for supposed offences, without having an oppor
tunity to make his defence. That we think the legisla-
Romanism ture of Great Britain is not authorized by the constitu-
tionalStltU" ^on to establish a religion fraught with sanguinary and
impious tenets, or to erect an arbitrary form of govern
ment in any quarter of the globe. These rights we, as
well as you, deem sacred. And yet sacred as they are,
they have, with many others, been repeatedly and fla
grantly violated. Are not the proprietors of Great
Britain lords of their own soil ? Can it be taken from
them without their consent ? Will they yield it to the
arbitrary disposal of any man, or number of men, what
ever? You know they will not. Why then are the
proprietors of the soil of America less lords of their
property than you are of yours ? Or why should they
submit it to the disposal of your parliament, or of any
other parliament or council in the world, not of their
election? Can the intervention of the sea that divides
us cause disparity of rights, or can any reason be given
why English subjects who live three thousand miles
/from the royal palace, should enjoy less liberty than
those who are three hundred miles distant from it?

THE UNITED STATES OF AMERICA. 499
THE COMMERCIAL SYSTEM OF TAXATION. PART HI.
Reason looks with indignation on such distinctions, and Address of
freemen can never perceive -tlieir propriety. niaicon-
"And vet, however chimerical and unjust such dis-eressto
J , , , the people
criminations are, the parliament assert, that they have of Great
a right to bind us in air cases without exception, wheth-j^'"0'
er we consent or not ; that they may take and use our
property when and in what manner they please ; that
we are pensioners on their bounty for all that we pos
sess, and can hold it no longer than they vouchsafe to
permit. Such declarations we consider as heresies in Claims of
English politics, and which can no more operate to*^*"
deprive us of our property, than the interdicts of the
pope can divest kings of sceptres, which the laws of the
land and the voice of the people have placed in their
hands. At the conclusion of the late war — a war ren
dered glorious by the abilities and integrity of a minis
ter to whose efforts the British empire owes its safety
and fame-^— at the conclusion of this war, which was
< t
succeeded by an inglorious peace formed under the
auspices of a minister of principles and of a family
unfriendly to the Protestant cause, and inimical to liberty;
we say at this period, and under the influence of that
man, a plan for enslaving your fellow subjects in Amer
ica was concerted, and has ever sirtce been pertinacious
ly carrying into execution. Prior to this era you were
content with drawing from us the wealth procured by
our commerce. You restrained our trade in every way Relations
that could conduce to your emolument. You exercised J"^,*0
unbounded sovereignty over the sea. You named the
ports and nations to which alone our merchandise should
be carried, and with whom alone we should trade, and
though some of these restrictions were grievous, we
nevertheless did not complain ; we looked up to you as
to our parent state to which we were bound by the
strongest ties, and were happy in being instrumental to
your prosperity and your grandeur. We call upon you
yourselves to witness our loyalty and attachment to the
common interest of the whole empire. Did we not, in

500 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address of the last war, add all the strength of this vast continent
niaicon- to the force which repelled our common enemy ? Did
gress to we not leave our native shores, and meet disease and
of Great death, to promote the success of British arms in foreign
m'r"' . chTmates • Di^ y°u n°t thank us for our zeal, and even
reimburse us large sums of money, which you confessed
we had advanced beyond our proportion, and far beyond
our abilities ? You did. To what causes then are we
to attribute the sudden change of treatment, and that
system of slavery which was prepared for. us at the res
toration of peace ? Before we had recovered from the
distresses which ever attend war, an attempt was made
to drain this country of all its money, by the oppressive
Stamp Act. Paint, glass, and other commodities which
you would not permit us to purchase of other nations,
were taxed; nay, although no wine is made in any
country subject to the British state, you prohibited our
procuring it of foreigners, without paying a tax, imposed
by your parliament, on all we imported. These and
many other impositions were laid upon us most unjustly
and unconstitutionally, for the express purpose of rais
ing a revenue. In order to silence complaint, it was,
indeed, provided that this revenue should be expended
in America for its protection and defence. These ex
actions, however, can receive no justification from a
pretended necessity of protecting and defending us*
They are lavishly squandered on court favorites and
ministerial dependents, generally avowed enemies to
America, and employing themselves, by partial repre-
The reve- sentation, to traduce and embroil the colonies. For the
of taf-6111 necessary support of government here, we ever were
tion. and ever shall be ready to provide. And whenever the
exigencies of the state may require it, we shall, as we
have heretofore done, cheerfully contribute our full pro
portion of men and money. To enforce this unconstir
tutional and unjust scheme of taxation, every force that
the wisdom of our British ancestors had carefully erect
ed against arbitrary power, has been violently thrown

THE UNITED STATES OF AMERICA. POl,
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
down in America, and the inestimable right of trial by Address of
jury taken away, in cases that touch both life and prop-niai c0°°*
erty.v It was ordained that whenever offences should g^ss to
be committed in the colonies against particular acts of Great
imposing various duties and restrictions upon trade, the j^f"1'
prosecutor might bring his action in courts of admiralty;
by which means the subject lost the advantage of being
tried by an honest uninfluenced jury of the vicinage,
and was subjected to the sad necessity of being judged
by a single man, a creature of the crown, and according
to the course of a law which exempts the prosecutor
froin the trouble of proving his accusation, and obliges
the defendant either to evince his innocence, or to suf
fer. To give this new judicatory the greater import
ance, and as if with design to protect false accusers, it
is further provided that the judge's certificate of there
having been probable causes of seizure and prosecution,
shall protect the prosecutor from actions at common
law for recovery of damages.
"By the course of our law, offences committed in illegal tri-
such of the British dominions in which courts are estab- a!s- ,
lished and justice duly and regularly administered, shall
be there tried by a jury of the vicinage. There the
offenders and the witnesses are known, and the degree
of credibility to be given to their testimony, can be
ascertained. In all these colonies justice is regularly
and impartially administered, and yet by the construc
tion. of some, and the direction of other acts of parlia
ment, offenders are to be taken by force, together with
all such persons as may be pointed out as witnesses, and
carried to England, there to be tried in a distant land,
by a jury of strangers, and subject to all the disadvan
tages that result from want of friends, want of witnesses,
and want of money.
"When the design of raising a revenue from the The Tea
duties imposed on the importation of tea into America, taxatl0n-
had in a great measure been rendered abortive by our
ceasing to import that commodity, a scheme was con-

502

THE GOVERNMENTAL HISTORY OF

Part III.

ORIGIN AND CAUSES OF THE REVOLUTION.

Britain, 1774.

The tea

Address of certed by the ministry with the East India Company,
the colo- au(j an ac^. passed enabling and encouraging them to
gress to transport and vend it in the colonies. Aware of the
ofGreat" & dangers of giving success to this insidious manoeuvre,
and of permitting a precedent of taxation thus to be
established among us, various methods were adopted
to elude the stroke. The people of Boston (then ruled
by a governor, whom, as well as his predecessor Sir
Francis Bernard, all America considers as her enemy)
were exceedingly embarrassed. The ships which had
arrived with the tea, were by his management prevented
at Boston from returning. The duties would have been paid ;
the cargoes landed and exposed to sale ; a governor's
influence would have procured and protected many
purchasers. While the town was suspended by delib
erations on this important subject, the tea was destroyed.
Even supposing a trespass was thereby committed, and
the proprietors of the tea entitled to damages, the
courts of law were open, and judges appointed by the
crown presided in them. The East India Company,
- however, did not think proper to commence any suits,
nor did they even demand satisfaction, either from
individuals, or from the community in general. The
ministry, it seems, officiously made the case tlieir own,
and the great council of the nation descended to inter
meddle with a dispute about private property. Divers
papers, letters, and other unauthenticated ex parte
evidence, were laid before them ; neither the persons
who destroyed the tea, nor the people of Boston, were
called upon to answer the complaint. The ministry,
incensed by being disappointed in a favorite scheme,
were determined to recur from the little acts of finesse,
to open force and unmanly violence. The port of
Boston was blocked up by a fleet, and an army placed
in the town. Their trade was to be suspended, arid
thousands reduced to the necessity of gaining subsist
ence from charity, till they should submit to pass under
the yoke and consent to become slaves, by confessing

Proceed
ingsagainst
Boston.

THE UNITED STATES OF AMERICA. 503
THE COMMERCIAL SYSTEM OF TAXATION. PaKT 111.
the . omnipotence of parliament, and acquiescing in Address of
whatever disposition they might think proper to make ^e, col°"
of their lives and property. gress to
"Let justice and humanity cease to be the boast of o/Grea? °
your nation ! Consult your history, examine your B^'tam'
records of former transactions, nay, turn to the annals
of the many arbitrary states and kingdoms that sur
round you, and show us a single instance of men con
demned to suffer for imputed crimes, unheard, unques
tioned, and without even the specious formality of a
trial, and that too by laws made expressly for the pur
pose, and which had no existence at the time of the
act committed. If it be difficult to reconcile these Proceed-
proceedings to the genius and temper of your laws and m aLst
constitution, the task will become more arduous, when Boston.
we call upon our ministerial enemies to justify, not
only condemning men untried and by hearsay, but
involving the innocent in one common punishment
with the guilty, and for the act of thirty or forty, to
bring poverty, distress, and calamity to thirty thousand
souls, and those not your enemies, but your friends,
brethren, and fellow-subjects.
"It would be some consolation to us, if the cata- Ancient
logue of American oppressions ended here. It gives riShts de"
us pain to be reduced to the necessity of reminding
you, that under the confidence reposed in the faith of
government, pledged in a royal charter from a British
sovereign, the forefathers of the present inhabitants of
the Massachusetts Bay left their former habitations,
and established that great, flourishing, and loyal col
ony. Without incurring or being charged with a for
feiture of tlieir rights, without being heard, without
being tried, without law, and without justice, by an act
of parliament, their charter is destroyed, their liberties
violated, their constitution and form of government
changed : and all this upon no better pretence, than
because in one of their towns a trespass was committed
on some merchandise, said to belong to one of the

504 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address of companies, and because the ministry were of opinion
the colo- tua£ sucn njg]_ political regulations were necessary to
gress to compel due subordination and obedience to their man-
ofeGreatPle dates- Nor are these the only capital grievances under
Britain, -which we labour. We might tell of dissolute, weak,
1774. and wicked governors having been set over us; of
legislatures being suspended for asserting the rights of
British subjects ; of needy and ignorant dependents on
great men, advanced to the seats of justice, and to
other places of trust and importance ; of hard restric
tions on commerce, and a great variety of lesser evils',
the recollection of which is almost lost under the
weight and pressure of greater and more poignant
calamities.
Design of "Now mark the progression of the ministerial plan
ersiaveythe for ens^av^nE' us- Well aware that such hardy at-
Colonies. tempts to take our property from us, to deprive us of
that valuable right of trial by jury, to seize our ports,
to destroy our charters, and change our forms of gov
ernment, would occasion, and had already occasioned, .
great discontent in the colonies, which might produce
opposition to these measures ; an act was passed to
protect, indemnify, and screen from punishment, such
as might be guilty even of murder, in endeavouring to
carry tlieir oppressive edicts into execution ; And by
another act the dominion of Canada is to be so ex-
Romanism tended, modelled and governed, as that by being disu-
testantism ^ited from us, detached from our interests, by civil as
antago- well as religious prejudices ; that by their numbers
daily swelling by catholic emigrants from Europe, and
by their devotion to administration, so friendly to their
religion, they might become formidable to us ; and on
occasion be fit instruments in the hands of power, to
reduce the ancient, free, protestant colonies to the same
state of slavery with themselves. This was evidently
the object of the actj and in this view, being extremely
dangerous to our liberty and quiet, we cannot forbear
complaining of it as hostile to British America. Su-

THE UNITED STATES OF AMERICA. 505
the commercial system of taxation. Part III.
 »_ 
peradded to these considerations, we cannot help Address of
deploring the unhappy condition to which it has re- *^_ °°!°_
duced the many English settlers, who, encouraged by gress to
the royal proclamation promising the enjoyment of all o/Jreat *
their rights, have purchased estates in that country. ^5^m>
They are now the subjects of an arbitrary government,
deprived of trial by jury, and when imprisoned cannot
claim the benefit of the Habeas • Corpus act, that great
bulwark and palladium of English liberty. Nor can
we suppress our astonishment that a British parliament
.should ever consent to establish in that country, a
religion that has deluged your Island in blood, and dis
persed impiety, bigotry, persecution, murder and rebel
lion through every part of the world.
"This being the true state of facts, let us beseech Combina-__
you to consider to what end they lead. Admit thatm?°°f
the ministry, by the powers of Britain, and the aid of with the
our Roman Catholic neighbors, should be able to carry Cathoiics
the point of taxation, and reduce us to a state of per- in Canada.
feet humiliation and slavery. Such an enterprise
would doubtless make some addition to your national
debt, which already presses down your liberties, and
fills you with pensioners and placemen. We presume
also, that your commerce will somewhat be diminished.
However, suppose you should prove victorious, in what The result
condition will you then be ? What advantages or what to English
laurels will you reap from such a conquest? May not
a ministry with the same armies enslave you ? It may
be said, you will cease to pay them ; but remember the
taxes from America, the wealth, and we may add the
men, and particularly the Roman Catholics of this vast
continent, will then be in the power of your enemies ;
nor will you have any reason to expect that after
making slaves of us, many among us should refuse to
assist in reducing you to the same abject state. Do
not treat this as chimerical. Know that in less than
half a century, the quit-rents reserved to the crown,
from the numberless grants of this vast continent, will

506

THE GOVERNMENTAL HISTORY OF

Part in.

origin and causes of the revolution.

Address of
the colo
nial con
gress to
the people
of Great
Britain, 1774.

Their alle
giance to

' 1763.

Retaliato
ry meas
ures.

pour large streams of wealth into the royal coffers ;
and if to this be added the power of taxing. America
at pleasure, the crown will be rendered independent
of you for supplies, and will possess more treasure
than may be necessary to purchase, the remains of lib
erty in your island. In a word, take care that you do
not fall into the pit that is preparing for us.
"We believe there is yet much virtue, much justice,
and much public spirit in the English nation ; to that
justice we now appeal. You have been told that we
are seditious, impatient of government, and desirous_
of independency. Be assured that these are not facts,
but calumnies. Permit us to be free as yourselves,
and we shall ever esteem a union with you to be our
greatest glory" and our greatest happiness. We shall
ever be ready to contribute all in our power to the
glory of the empire. We shall consider your enemies
as our enemies, and your interest as our own. But if
you are determined that your ministers shall wantonly
sport with the rights of mankind ; if neither the voice
of justice, the dictates of the law, the principles of the
constitution, nor the suggestions of humanity, can
restrain your hands from shedding human blood in
such an impious cause, we must then tell you that we
will never submit to be hewers of wood or drawers of
water for any ministry or nation in the world. Place
us in the same situation that we were at the close of
the last war,* and our former harmony will be restored.
" But lest the same supineness and the same inatten
tion to our common interests which you have for sev
eral years shown, should continue, we think it prudent
to anticipate the consequences. By the destruction of
the trade of Boston, the ministry have endeavored to
induce submission to their measures. The like fate
may befall us all. We will endeavor, therefore, to live
without trade, and recur for subsistence to the fertility
and bounty of our native soil, which will afford us all
the necessaries and some of the conveniences of life.

THE UNITED STATES OF AMERICA. 507
the commercial system of taxation. Part 111.
We have suspended our importations from Great Brit- Address of
ain and Ireland ; and in less than a year's time, unless *ia\ cc°£
our grievances should be redressed, shall discontinue gress to
our exports to those kingdoms and the West Indies. 0f Great
It is with the utmost regret, however, that we find ]^n'
ourselves compelled, by the overruling principles of
self-preservation, to adopt measures detrimental in their
consequences to numbers of our fellow-subjects in
Great Britain and . Ireland. But we hope that the
magnanimity and justice of the British nation will fur
nish a parliament of such wisdom, independence, and
public spirit, as may save the violated rights of the
whole empire from the devices of wicked ministers and
evil counsellors, whether in or out of office ; and
thereby restore that harmony, friendship, and fraternal
affection, between all the inhabitants of his majesty's
kingdoms and territories, so ardently sought for by
every true and honest American."
Address to the Inhabitants of the Colonies
Of New Hampshire, Massachusetts Bay, Rhode Island
and Providence Plantations, Connecticut, New York,
New Jersey, Pennsylvania, the Counties of New
castle, Kent, and Sussex, on Delaware, Maryland,
Virginia, North Carolina, South Carolina.
" Friends and Countrymen,
" We, the Delegates appoirited by the good people of Address to
these colonies to meet at Philadelphia in September itants of
last, for the purposes mentioned by our respective con- t5?e c.ol°'
stituents, have, in pursuance of the trust reposed in us, America.
assembled, and taken into our most serious considera
tion the important matters recommended to the con
gress. Our resolutions thereupon will be herewith
communicated to you. But as the situation of public
affairs grows daily more and more alarming ; and as it
may be more satisfactory to you to be informed by us
in a collective body, than in any other manner, of those
sentiments that have been approved upon a full and

508 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address of free discussion, by the representatives of so great a
Sal "con- Par* °^ America, we esteem ourselves obliged to add this
gress to address to these resolutions. In every case of opposi-
itants of " tion by a people to their rulers, or of one state to an-
theeoio- other, duty to Almighty God, the Creator of all.
nies 1774. ' requires that a true and impartial judgment be formed
of the measures leading to such opposition, and of the
causes by which it has been provoked, or can in any
degree be justified ; that neither affection on the one
hand nor resentment on the other being permitted to
give a wrong bias to reason, it may be enabled to take
a dispassionate view of all circumstances, and to settle
the public conduct on the solid foundations of wisdom
and justice. From councils thus tempered arise the
surest hopes of the divine favour, the firmest encour
agement to the parties engaged, and the strongest
recommendation of their cause to the rest of mankind.
With minds deeply impressed by a sense of these
truths, we have diligently, deliberately, and calmly
inquired into and considered those exertions, both of
the legislative and executive power of Great Britain,
which have excited so much uneasiness in America ;
and have, with equal fidelity and attention considered
the conduct of the colonies. Upon the whole, we find
ourselves reduced to the disagreeable alternative of
being silent and betraying the innocent, or of speak
ing out and censuring those we wish to revere. In
making our choice of these distressing difficulties, we
prefer the course dictated by honesty and a regard for
the welfare of our country.
The reve- « s00IX af_er the conclusion of the late war, there
nue po cy. commence(j a memorable change in the treatment of
these colonies. By a statute made in the fourth year
of the present reign, a time of profound peace, alledg-
ing ' the expediency of new provisions and regulations
for extending the commerce between Great Britain and
his majesty's dominions in America, and the necessity
of raising a revenue in the said dominions for defray-

THE UNITED STATES OF AMERICA. 509
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
ing the expenses of defending, protecting, and securing Address of
tlie same,' the commons of Great Britain undertook to*h^col°"
give and grant to his. majesty many rates and duties to gress to the
be paid in these colonies. To enforce the observance anta 0f"the
of this act, it prescribes a great number of severe pen- °?L°mes'
alties and forfeitures ; and in two sections makes a
remarkable distinction between the subjects in Great
Britain and those in America. By the one the penal
ties and forfeitures incurred there, are to be recovered
in any of the king's courts of record at Westminster,
or in the court of exchequer in Scotland ; and by the
other the penalties and forfeitures incurred here, are
to be recovered in any court of record, or in any court
of admiralty or vice-admiralty, at the election of the
informer or prosecutor : The inhabitants of these colo
nies, confiding in the justice of Great Britain, were
scarcely allowed sufficient time to receive and consider
this act, before another, well known by the name of
the Stamp Act, and passed in the fifth year of this The Stamp
reign, engrossed their whole attention. By this stat-Act-
ute the British parliament exercised in the most ex
plicit manner a power of taxing us ; and extending the
jurisdiction of courts of admiralty and vice-admiralty,
in the colonies, to matters arising witliin the body of a
county ; and directed the numerous penalties and for
feitures thereby inflicted, to be recovered in the said
courts : In the same year a tax was imposed upon us,
by an act estabhshing several new fees in the customs :
In the next year the Stamp Act was repealed; not
because it was founded in an erroneous principle, but,
as the repealing act recites, because ' the continuance
thereof would be attended with many inconveniences,
and might be productive of consequences greatly det
rimental to the commercial interests of Great Britain.'
In the same year, and by a subsequent act, it was de
clared ' that his majesty in parliament, of right, had
power to bind the people of these colonies by statutes T]
in all cases whatsoever : ' In the same year, another atory act.

510 THE GOVERNMENTAL HISTORY OF
Part IH. origin and causes of the revolution.
Address of act was passed for imposing rates and duties payable in
niaicon- these colonies. In this statute the commons, avoiding
gress to the the terms of giving and granting, 'humbly besought
ants of the his majesty that it might be enacted,' &c. But from a
colonies, declaration in the preamble, that the rates and duties
were in lieu of several others granted by the • statute
first before mentioned for raising a revenue, and from
some otlier expressions, it appears that these duties
were intended for that purpose. In the next year an
act was made ' to enable his majesty to put the customs
and other duties in America, under tlie management of
Executive commissioners,' &c, and the king therefore erected the
commis- present expensive board of commissioners, for the
sioners. express purpose of carrying into execution the several -
acts relating to the revenue and trade in America.
"After the repeal of the Stamp Act, having again
resigned ourselves into our ancient unsuspicious affec
tions for the parent state ; and anxious to avoid any
controversy with her, in hopes of a favorable alteration
in sentiments and measures towards us, we did not
press our objections against the above-mentioned stat
utes made subsequent to that repeal. Administration,
attributing to trifling causes a conduct which really
proceeded from generous motives, were encouraged in
the same year to make a bolder experiment on the
The com patience of America. By a statute commonly called
mercial the glass, paper cmd tea act, made fifteen months after
outy uctSj
1767. the repeal of the Stamp Act, the commons of Great
Britain resumed their former language, and again
undertook to '¦give and grant rates and duties to be
paid in these colonies,' for the express purpose of ' rais
ing a revenue to defray the charges of the administra
tion of justice, the support of civil government, and de
fending the king's dominions' on this continent. The
penalties and forfeitures, incurred under this statute,
are to be recovered in the same manner with those
mentioned in the foregoing acts. To this statute so
naturally tending to disturb the tranquillity then uni-

THE UNITED STATES OF AMERICA.' 511
the commercial system of taxation. Part III.
versal throughout the colonies, parliament in the same Address of
session added another no less extraordinary. Ever^°°k"
since the making of the present peace, a standing army gresstothe
has been kept in these colonies. From respect to theants 0f the
mother country, the innovation was not only tolerated, "°!?<mies>
but the provincial legislatures generally made provis
ion for supplying the troops. The assembly of thes
province of New York having passed an act of this
kind, but differing in some articles from the directions
of the act of parliament made in the fifth year of this
reign, the house of representatives in that colony was
prohibited, by a statute made in the last session men
tioned, from making any bill, order, resolution, or vote,
except for adjourning or choosing a speaker, until pro- The re
vision should be made by the said assembly for fur-_™_g"£st
nishing the troops within that province, not only with New Y°rk.
all such necessaries as were required by the statute
which they were charged with disobeying, but also
with those required by two other subsequent statutes,
which were declared to be in force until the twenty-
fourth day of March, 1769: These statutes of the
year 1767 revived the apprehensions and discontents
that had entirely subsided on the repeal of the Stamp
Act; and amidst the just fears and jealousies thereby
occasioned, a statute was made in the next year to 1768.
establish courts of admiralty and vice-admiralty on a
new model, especially for the end of more effectually
recovering of the penalties and forfeitures inflicted by
the acts of parliament framed for the purpose of rais
ing a revenue in America, &c.
"The immediate tendency of these statutes is, to sub- Unconsti:
vert the right of having a share in legislation, by ren- ^thele7
dering assemblies useless; the right of property, bya(=ts.
taking the money of the colonists without their consent ;
the right of trial by jury, by substituting in their place
trials in admiralty and vice-admiralty courts, where
single judges preside, holding their commissions during
pleasure; and unduly to influence the courts of com-

512 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address of mon law, by rendering the judges thereof totally de
nial Con- pendent on the crown for their salaries. These stat-.
fhTinhabi- utes> n°t to mention many others exceedingly excep
tants ofthe tionable, compared one with another, will be found not
1774.' S' only to form a regular system, in which every part has
great force, but also a pertinacious adherence to that
system, for subjugating these colonies, that are not, and
from local circumstances cannot be, represented in the
House of Commons, to the uncontroulable and unlim
ited power of parliament, in violation of their undoubt
ed rights and liberties, in contempt of tlieir humble and
repeated supplications. This conduct must appear
equally astonishing and unjustifiable, when it is con
sidered how unprovoked it has been by any behaviour
Loyalty of of these colonies. From their first settlement their
aies?° °" bitterest enemies never fixed upon them a charge of
disloyalty to their sovereign or disaffection to the mother
country. In the wars she has carried on, they have
exerted themselves whenever required, in giving her
assistance ; and have rendered her services, which she
has publicly acknowledged to be extremely important.
Their fidelity, duty, and usefulness during the last war,
were frequently and affectionately confessed by his late
majesty and the present king. The reproaches of those
who are most unfriendly to the freedom of America,
Defence of are principally levelled against the province of Massa-
setaBay." chusetts Bay; but with what little reason, will appear
by the following declarations of a person, the truth of
whose evidence, in their favor, will not be questioned.
Governor Bernard thus addresses the two houses of
assembly, in his speech on the twenty-fourth of April,.
1762 — 'The Unanimity and despatch with which you
have complied with the requisitions of his majesty re-
Testimony quire my particular acknowledgment. And it gives
Bernard me additional pleasure to observe, that you have therein
i?62. acted under no other influence than a due sense of your
duty, both as members of a general empire, and as the
body of a particular province.' In another speech on

THE UNITED STATES OP AMERICA. 513
THE COMMERCIAL SYSTEM OF TAXATION. PART HI,
the twenty-seventh of May in the same year, he says — Address of
'Whatever shall be the event of the war, it must be^co"]
no small satisfaction to us that this province hath con- sress to
• o • t-i 7 • tne mhabi-
tributed its full share to the. support of it. Every thing tants ofthe
that hath been required of it hath been complied with, c^^ies'
and the execution of the powers committed to me for
raising the provincial troops hath been as full and com
plete as the. grant of them. Never before were regi
ments so easily levied, so well composed, and so early
in the field as they have been this year: The common
people seemed to be animated with the spirit of the
general court, and to vie with them in their readiness
to serve the king.'
" Such was the conduct of the people of the Massa- Defence of
chusetts Bay during the last war. As to their behav-sett8Bay.
iour before that period, it ought not to have been for-
gotteri in Great Britain, that not only on every occasion
they had constantly and cheerfully complied with the
frequent royal requisitions; but that chiefly by their
vigorous efforts Nova Scotia was subdued in 1710, and
Louisbourg in 1745. Foreign quarrels being ended,
and the domestic disturbances that quickly succeeded
on account of the Stamp Act being quieted by its repeal,
the assembly of Massachusetts Bay transmitted an
humble address qf thanks to the king and divers noble
men, and soon after passed a bill granting compensa
tion to the sufferers in the disorder occasioned by that
act. These circumstances and the following extracts
from Governor Bernard's letters in 1768, to the Earl
of Shelburne, secretary of state, clearly. show with what
grateful tenderness they strove to bury in oblivion the
unhappy occasion of the late discords, and with what
respectful deference they endeavored to escape other
subjects of future controversy: 'The House, (says the Further
Governor) from the time of opening the session to this ^gov.^
day, has shown a disposition to avoid all dispute with Bernard,
me, every thing having passed with as much good
humpr as I could desire, except only their continuing ,
33

514 THE GOVERNMENTAL' HISTORY -OF-'
Part III. origin and causes of the revolution.
Address of to act in addressing the kirig, remonstrating to the sec-
niai Con- retary of state, and employing a separate agent. It is
gress to the importance of this innovation, without any willfulness
tants ofthe of my own, which induces me to make this remonstrance
colonies, a^ a ^me wnen i have a fair prospect of having in all
other business nothing but good to say of the proceed-
* January ings of the house.'* 'They have acted in all things,
' ' even in their remonstrance, with temper and modera
tion; they have avoided some subjects of dispute, and
have laid a foundation for removing some causes of
[¦January former altercation.'f 'I shall make such a prudent
30, 1768. an(j pr0per use 0f _hjs letter as, I hope, will perfectly
restore the peace and tranquillity of this province, for
which purpose considerable steps have been made by
\ February the house of representatives. '$ The vindication of the
' 9' province of Massachusetts Bay contained in these let
ters, will have greater force, if it be considered that
Defence of they were written several months after the fresh alarm
^SSghu" given to the colonies by the statutes passed in the pre
ceding year. In this place it seems proper to take
notice of the insinuation of one of these statutes, that
the interference of parliament was necessary to pro
vide for ' defraying the charge of the administration of
justice, the support of civil government, and defending
„ the king's dominions in America:' As to the two first
articles of expense ; every colony had made such pro
vision as by their respective assemblies, the best judges
on such occasions, was thought expedient and suitable
to their several circumstances: Respecting the last;
it is well known to all men the least acquainted with
American affairs, that the colonies were established, and
generally defended themselves, without the least assist
ance from Great Britain; and that at the time of her
taxing them by the statutes before mentioned, most of
them were labouring under very heavy debts contracted
in the last war. So far were they from sparing their
money when their sovereign constitutionally asked their
aids, that during the course of that war parliament

THE UNITED STATES OF AMERICA.

THE COMMERCIAL SYSTEM OF TAXATION. PART III.
repeatedly made them compensations for the expenses Address of
of those strenuous efforts, which,. consulting tlieir zeal ni_i con-
rather than their strength, they had cheerfully incurred. g""es? to
. Severe as the acts of parliamerit before mentioned are, tants of the
yet the conduct of administration hath been equally ™l™eB'
injurious and irritating, to this devoted country. Under
pretence of governing them, so many new institutions, Innova-
uniformly rigid and dangerous, have been introduced crown and
as could only be expected from incensed masters, forParlia-
< collecting the tribute, or rather the plunder of con
quered provinces. By order of the king, the authority
of the commander-in-chief, and, under him, of the
brigadier-generals, in time of peace, is rendered su
preme in all the civil governments in America; arid
thus an uncontrollable military power is vested in offi
cers not known to the constitution of these colonies.
A large body of troops, and a considerable armament Enumera-
of ships of war, have been sent to assist in taking their f™^
money without their consent —expensive and oppress- grievances.
ive offices have been multiplied, and the arts of corrup
tion industriously practiced to divide and destroy — the
judges of the admiralty and vice-admiralty courts are
empowered to receive' their salaries and fees from the
effects to be condemned by themselves — the commis
sioners of the customs are empowered to break open _.
and enter houses without the authority of any civil
magistrate founded on legal information — judges of
courts of common law have been made entirely depend
ent on the crown for their commissions and salaries — ~r
a court has been established at Ehode Island for the
purpose of taking colonists to England to be tried —
humble and reasonable petitions from the representa
tives of the people have been frequently treated with
contempt; and assemblies have been repeatedly and
arbitrarily dissolved ; from some few instances it . will
sufficiently appear on what pretences of justice these
dissolutions have been founded.
" The tranquillity of the colonies having been again

516 THE GOVERNMENTAL HISTORY OF
Part III. Origin and causes of the revolution.
Address disturbed, as has been mentioned, by the statutes of the
nLlhcoCn-10"year 1767> the earl of Hillsborough, secretary of state,
gress to in a letter to governor Bernard, dated April 22, 1768,
itants of censures the presumption of the house of representa
tive col°- tives for ' resolving upon a measure of so inflammatory
a nature as that of writing to the other colonies on the
subject of their, intended representations against some
late acts df parliament,' then declares that—' his maj
esty considers, this step as evidently tending to create
unwarrantable combinations to excite an unjustifiable
opposition to the constitutional . authority of parlia
ment' — and afterwards adds, 'It is the king's pleasure,
that as soon as the general court is again assembled, at
Interfer- the time prescribed by the charter, you should require
Lord° °f the house of representatives, in his majesty's name, to
miisbor- rescind the resolution which gave birth to the circular
letter from the speaker, and to declare their disappro
bation o'f and dissent to that rash and hasty proceed
ing. If the new assembly should refuse to comply with
his majesty's reasonable expectation it is the king's
pleasure that you should immediately dissolve them.'
interfer- a q<iris letter being laid before the house, and the resor
ence with . .. .... . .
assemblies, lutions not being rescinded according to order, the
assembly was dissolved. A letter of a similar nature
„ was sent to other governors to procure resolutions ap
proving the conduct of the representatives of Massa
chusetts Bay, to be rescinded also ; and the houses of
representatives in other colonies refusing to comply,
v assemblies were dissolved : These mandates spoke a lan
guage to which the ears of English subjects had for
several generations been strangers. The nature of as
semblies implies a power and right of deliberation, but
these commands, proscribing the exercise of judgment
on the propriety of the requisitions made, left to the
assemblies only the election between dictated submis
sion and threatened punishment ; a punishment too,
founded on no other act, than such as is deemed inno
cent even in slaves — of agreeing in petitions for redress

THE UNITED STATES OF AMERICA. 517
THE COMMERCIAL SYSTEM OF TAXATION. PART IH,
of grievances that equally affect all. - The hostile and Address
unjustifiable invasion of the town of Boston soon fol- nial e0^n.
lowed these events in the same year ; though that town, gress J°
. . • -i i ii ii .the mhab-
the province m which it is situated, and all the colonies, itants of
from abhorrence of a contest with their parent state, _^|sc°i°^4>
permitted the execution even of those statutes against invasion
which they so unanimously were complaining, remon- of Bostoa-
strating, and supplicating.
"Administration, determined to subdue a spirit of Combina-
freedom, which English ministers should have rejoiced ^j^L.
to cherish, entered into a monopolizing combination with the
with the East India Company, to send to this continent company.
vast quantities of tea, an article on which a duty. was
laid by a statute, that, in a particular manner, attacked
the liberties of America, and which therefore, the in.
habitants of these coloriies had resolved not to import,
The cargo sent to South Carolina was stored and not
allowed to be sold. Those sent to Philadelphia and
New York were not permitted to be landed. That sent
to Boston was destroyed, because governor Hutchinson
would not suffer it to be returned. On the intelligence
of these transactions arriving in Great Britain, the pubr
lie spirited town last mentioned, was singled out for
destruction, and it was determined the province it be
longs to should partake of its fate. In the last session
of parliament therefore, were passed the acts for shut- "
ting up the port of Boston, indemnifying the murderers The Bos-
of the inhabitants of Massachusetts Bay, and changing *<?£ P°rt
their chartered constitution of government. To en
force these acts, that province is again invaded by a
fleet -and army. To mention these outrageous proceed
ings is sufficient to explain them. For though it is pre- Invasion
tended that the province of Massachusetts Bay has been _hUSettsa'
particularly disrespectful to Great Britain, yet in truth Ba7i alone,
, -, -, . « , i ¦ ,1 i-i i unjust.
the behaviour of the people in other colonies has been
an equal ' opposition to the power assumed by -parlia
ment.' No step, however, has been taken against any
of the rest. This artful conduct conceals several d&.

518 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address signs. It is expected that the province of Massachu-
niafcon-0 setts Bay will be irritated into some violent action that
gress to may displease the rest of the continent, or that may
itants of* induce the people of Great Britain to approve the medi-
the colo- tated vengeance of an imprudent and exasperated min
istry. If the unexampled pacific temper of that pro
vince shall disappoint this part of the plan, it is hoped
the other colonies will be so far intimidated as to desert
union their their brethren suffering in a common cause, and that
strength, thus disunited all may be subdued. To promote these
designs another measure : has been pursued. In the
, session of parliament last mentioned, an act was passed
The Que- for changing the government of Quebec, by which act
bee bill. ^.ne Roman Catholic religion, instead of being tolerated
as stipulated by the treaty of peace, is established; and
the people there are deprived of a right to an assembly,
trials by jury, and the English laws in civil cases are
abolished, and instead thereof the French laws are es
tablished, in direct violation of his majesty's promise
by his royal . proclamation, under the faith of which
many English subjects settled in that province ; and
the limits of that province are extended so as to com
prehend those vast regions that lie adjoining to the
T_ . . northerly and westerly boundaries of these colonies. The
its design. .«•-,. i .,
authors of this arbitrary arrangement flatter themselves
that the inhabitants, deprived of liberty, and artfully
provoked against those of another religion, will be
proper instruments for 'assisting in the oppression of
such as differ from them in modes of government and
faith. From the detail of facts herein before recited,
as well as from authentic intelligence received,, it is
clear beyond a doubt, that a resolution is formed and
now carrying into execution, to extinguish the freedom
of these colonies by subjecting them to a despotic gov
ernment.
Authority "At this unhappy period, we have been authorized
01 the and directed to meet and consult together for the wel-
congress. °
fare of our common country. We accepted the im-

THE UNITED STATES OF AMERICA. 519
THE COMMERCIAL SYSTEM OF TAXATION. PART IU.
portant trust with diffidence, but have endeavored to Address
discharge it with integrity. Though the state of these °faihceon°l0'
colonies would certainly justify other measures than we sress to
have advised, yet weighty reasons determined us to itants of"
prefer those we have adopted. In the first place, it aP-J_^_0(_*J4
peared to us a conduct becoming the character the colo
nies have ever sustained, to perform, even in the midst
of the unnatural distresses and imminent dangers that
surround them, every act of loyalty ; and therefore, we
were induced once more to offer to his majesty the pe
titions of his faithful and oppressed subjects in America :
Secondly, regarding with the tender affection, which
we knew to be so universal among our countrymen, the
people of the kingdom from which we derive our origin,
we could not forbear to regulate our steps by an ex
pectation of receiving full conviction that the colonists
are equally dear to them. Between these provinces coneuia-
and that body subsists the social bond, which we ar-t°r£.aim8
J ' * of the con-
dently wish may never be dissolved, and which cannot gress.
be dissolved until their minds shall become indisputa
bly hostile, or their inattention shall permit those who
are thus hostile to persist in prosecuting with the
powers of the realm, the destructive measures already
operating against the colonists ; and, in either case,
shall reduce the latter to such a situation, that they
shall be compelled to renounce every regard but that
of self-preservation. Notwithstanding the violence
with which affairs have been -impelled, they have not
yet reached that fatal point. We do not incline to ac- Not revo-
celerate their motion, already alarmingly rapid; weUM>nary"
have.chosen a method of opposition that does not pre
clude a hearty reconciliation with our fellow-citizens
on the other side of the Atlantic. We deeply deplore
the urgent necessity that presses us to an immediate
interruption of commerce that may prove injurious to
them. We trust they will acquit us of any unkind in
tentions towards them, by reflecting, that we are driven
by the hands of violence into unexperienced and unex-

520 the Governmental history of
Part III. origin and causes o'f the revolution.
Address pected public convulsions, and that we are contending
nial con1-0 f°r that freedom so often contended for by our ances-
gress to tors. The people of England will soon have an oppor-
theinhab- t a t ¦ *i ¦ • *¦ •
itants of tumty of declaring their sentiments concerning our
the colo- cause. In their piety, generosity, and good sense, we
repose high confidence ; and cannot, upon a review of
past events, be persuaded that they, the defenders of
true religion, and the asserters of the rights of man
kind, will take part against their affectionate protestant
brethren in the colonies, in favour of our open and
their own secret enemies, whose intrigues, for several
years past, have been wholly exercised in sapping the
foundations of civil and religious liberty.
Further "Another reason that engaged us to prefer the com-
foradopt- mercial mode of opposition, arose from an assurance
ing this that the mode will prove more efficacious, if it be per-
redress. sisted in with fidelity and virtue ; and that your con
duct will be influenced by these laudable principles,
cannot be questioned. Your own salvation and that
of your posterity, now depend upon yourselves. You
have already shown that you entertain a proper sense
of the blessings you are striving to retain. Against the
"temporary inconveniences you may suffer from a stop
page of trade, you will weigh in the opposite balance
the endless miseries you and your descendants must
endure from an established arbitrary power. You will
not forget the honor of your country, that must from
your behaviour take its title in the estimation of the
world to glory or to shame : And you will, with the
Conclusion deepest attention, reflect that if the peaceable mode of
address, opposition recommended by us be broken and rendered
ineffectual, as your cruel and haughty ministerial ene
mies, from a contemptuous opinion of your firmness,
insolently predict will be the case, you must inevitably
be reduced to choose, either a more dangerous contest,
or a final, ruinous, and infamous submission.
" Motives thus cogent, arising from the emergency of
your unhappy condition, must excite your utmost dili-

THE UNITED STATES OF AMERICA. 521
the commercial system of taxation. Part HI.
gence and zeal, to give all possible strength and energy
to the pacific measures calculated for your relief. But
we think ourselves bound in duty to observe to you,
that the schemes agitated against* the colonies have
been so conducted as to render it prudent that you
should extend your views to mournful events, and be
in all respects prepared for every contingency. Above
all things we earnestly entreat you, with devotion of
spirit, penitence of heart, and amendment of life, to
humble yourselves, and implore the favor of Almighty
God ; and we earnestly beseech his divine goodness to
take you into his gracious protection."

The committee appointed to prepare an address to
the inhabitants of Quebec, reported a draft, which was
read, and, being debated by paragraphs, was approved
and adopted, as follows :
"To the Inhabitants of the Province of Quebec:
"Friends and fellow-subjects: We, the delegates of Address of
the colonies of New Hampshire ; Massachusetts Bay ; n__. con"
Rhode Island and Providence Plantations ; Connecticut ; gress to the
inhabitants
New York ; New Jersey ; Pennsylvania ; the counties of Quebec,
of New-Castle, Kent and Sussex on Delaware ; Mary--17^4"
land ; Virginia ; North Carolina ; and South Carolina ;
deputed by the inhabitants of the said colonies to rep- Preamble.
resent them in a general congress, at Philadelphia, in
the province of Pennsylvania, to consult together con
cerning the best methods to obtain redress of our
afflicting grievances ; having accordingly assembled
and taken into pur most serious consideration the state
of public affairs on this continent, have thought proper
to address your province, as a member therein deeply
interested. " When the fortune of war, after a gallant and glo- Accession
rious resistance, had incorporated you with the body tothe'iMt-
of English subjects, we rejoiced in the truly valuable ishEmpire.
addition, both on our own and your account ; expect
ing, as courage and generosity are naturally united,

522 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address of our brave enemies would become our hearty friends,
*eic^n" and that the Divine Being would bless to you the dis-
iii ni con.-
gresstothe pensation of his overruling providence, by securing to
of Quebec, you, and your latest posterity, the inestimable advanta-
1774. ges 0f a jree English constitution of government,
which it is the privilege of all English subjects to
enjoy. "These hopes were confirmed by the king's procla
mation, issued in the year 1763, plighting the public
faith for your full enjoyment of - those advantages.
Little did we imagine that any succeeding ministry
would so audaciously and cruelly abuse the royal au
thority as to withhold from you the fruition of the
irrevocable rights to which you were thus justly en
titled.
The fights "But since we have lived to see the unexpected time
th Whare wnen ministers of this flagitious temper have dared to
entitled, violate the most sacred compacts and obligations ; and
which they as Y0VL> educated under another form of government,
are de- have artfully been kept from discovering the unspeak
able worth of that form you are now undoubtedly en
titled to, we esteem it our duty, for the weighty reasons
hereinafter mentioned, to explain to you some of its
most important branches.
The object '"I11 every human society,' says the celebrated Mar-
ofgood qnis Beccaria, 'there. is an effort continually tending
to confer on one part the height of power and happi
ness, arid to reduce the otlier to the extreme of weak
ness and misery. The intent of good laws is to oppose
this effort and to diffuse their influence universally and
equally.'
Cause of " Rulers stimulated by this pernicious ' effort,' and
between subjects animated by the just 'intent of opposing good
rulers and laws against it,' have occasioned the vast variety of
rult;d events that fill the histories of so riiany nations. All
these histories demonstrate the truth of this simple
position, that to live by the will of one man, or set of
men, is the production of misery to all men.

THE UNITED STATES OF AMERICA. 523
the commercial system of taxation. Part III.
"On the solid foundation of this principle, English- Address iof
men reared up the fabric of their constitution with such *h^ c^m
strength as for ages to defy time, tyranny, treachery, gresstothe
internal and foreign wars ; and, as an illustrious au- 0f Quebec,
thor of your nation, hereafter mentioned, observes — lW4-
'They gave the people of their colonies the form of The British
, . J 6 ¦ \. i xi • ¦ . • Constitu-
their own government, and this government carrying tion, the
prosperity along with it, they have grown great, nations J^^.
in the forests they were sent to inhabit.' nial rights.
"In this form, the first grand right is, that of £AeR; nt0f
people having a share in the government by their rep- the people
•.-,-,, • , i ¦ to share in
resentatives chosen by themselves, and, in consequence, the gov-
of being ruled by laws which they themselves approve ; ermnent-
not by edicts of men, over whom they have no control.
This is a bulwark surrounding and defending their
property, which, by their honest cares and labours,
they have acquired, so that no portions of it can
legally be taken from them but with their own full and
free consent, when they, in their judgment, deem it
just and necessary to give them for public services,
and precisely direct the easiest, cheapest, and most
equal methods in which they shall be collected.
"The influence of this right extends still further. Right of
If money is wanted by rulers who have in any manner Jo^fthhofd
oppressed the people, they may retain it until their appropria-
grievances are redressed, and thus peaceably procure
relief, without trusting to despised petitions, or dis
turbing the public tranquillity. *
" The next great right is that of trial by jury. This Right of
provides that neither life, liberty, nor property, can be j™yby
taken from the possessor, until twelve of his unexcep
tionable countrymen and peers of his vicinage, who,
from that neighbourhood, may reasonably be supposed
to be acquainted with his character, and the characters its inci-_
of the witnesses, upon a fair trial, and full inquiry, _e_^™d
face to face, in open court, before as many of the peo
ple as choose to attend, shall pass their sentence, upon
oath, against him ; a sentence that cannot injure him,

524 THE GOVERNMENTAL HISTORY OF-
Part III. origin and causes of the revolution.
Address of without injuring their own reputation, and probably
nal con- their interest also ; as the question may turn on points
gress to the that, in some degree, concern the general, welfare ; and
of Quebec if it does not, tlieir verdict may form a precedent, that,
llJ>14:- on a similar trial of their own, may militate against
themselves.
Right to " Another right relates merely to the liberty of th e per-
Bberty*1 son' ^ a sukject is seized and imprisoned, though by
order of government, he may, by virtue Of this right,
immediately obtain a writ, termed a Habeas Corpus,
from a judge, whose sworn duty it is to grant itj and
thereupon procure any illegal restraint to be quickly
inquired into and redressed.
Right to " A fourth right is that of holding lands by the ten-
by easT S ure °^ easy rents, and not by rigorous and oppressive
tenures, services, frequently forcing the possessors from their
families and their business, to perform what ought to
be done, in all well regulated states, by men hired for
the purpose.
Right to " The last right we shall mention regards the freedom
the6press °f the press. The importance of this consists, besides
the advancement of truth, science, morality, and arts
in general, in its diffusion of liberal sentiments on the
administration of government, its ready communication
of thoughts between subjects, and its consequential pro
motion of union among them, whereby oppressive offi
cers are shamed or intimidated into more honorable
and just modes of conducting affairs.
These " These are invaluable rights that form a considerable
mil 'and0' Part °f our mu<^ system of government ; that, sending
inviolable, its equitable energy through all ranks and classes of
men, defends the poor from the rich, the weak from the
powerful, the industrious from the rapacious, the peace
able from the violent, the tenants from the lords, and
all from their superiors.
miKy " These are the rights without which a people cannot
against De free and happy, and under the protecting and en-
rights, couraging influence of which these colonies have hitli-

THE UNITED STATES OF AMERICA. 525
THE COMMERCIAL SYSTEM OF TAXATION. PART HI.
erto so amazingly flourished and increased. These are Address of
the rights a profligate ministry are now striving, by ni^ cc°0£
force of arms, to ravish from us, and which we are with sress to
. . ,. the mhabi-
one mind, resolved never to resign but with our lives, tants of
"These are the rights you are entitled to, and ought, ^4_ec'
at this moment, in perfection, to exercise. Arid what
is offered to you, by the late act of parliament, in their The Que-
place? Liberty of conscience in your religion? No ! part 0f '
God gave it to you; and the. temporal powers with ministerial
which you have been and are connected, firmly stipula
ted for your enjoyment of it. If laws, divine and
human, could secure it against the despotic caprices of
wicked men, it was secured before. Are the French
laws, in civil cases, restored ? It seems so. But observe
the cautious kindness of the ministers, who pretend to
be your benefactors. The words of the statute are — Sophistry
that those 'laws shall be the rule, until they shall beof the Ba]'
varied or altered by any. ordinances of the governor and
council.' Is 'the certainty and lenity of the criminal
law of England and its benefits and advantages ' com
mended in the said statute, and said to ' have been sen
sibly felt by you ' secured to you and your descendants ?
No ! They too are subjected to arbitrary ' alterations '
by the governor and council ; and a power is expressly
reserved of appointing ' such courts of criminal, civil,
and ecclesiastical jurisdiction, as shall be thought
proper.' "Such is the precarious tenor of mere will, by which precarious
you hold your lives and religion. The crowri and its J?n"re of
ministers are empowered, as far as they could be by rights un-
parliament? to establish even the Inquisition itself among ert e 1 '
you. Have you an assembly composed of worthy men,
elected by yourselves, and to whom you can confide, to
make laws for you, to watch over your welfare, and to
direct in what quantity and in what manner your money
shall be taken from you ? No ! The power of making
laws for you is lodged in the governor and council, all

526 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address of of them dependent upon, and removable at the pleas-
the colo- » . • ,
nial con- ure of a minister.
gress to "Besides, another late statute, made without your
the inhabi- , ' , . . n , , , . .. „ J
tants of consent, has subjected you to the impositions of excise
1774 eo' — the horror of all free states; thus wresting your
Imposition property from you by the most odious of taxes, and lay-
anmfringe-inS °Pen *° insolent tax-gatherers, houses, the scenes
ment of of domestic peace and comfort, and called the castles
rights. °f English subjects in the books of their law. And in
the very act for altering your government, and intend-
Other in- ed to flatter you, you are not authorized to assess, levy,
mentsof or aPPiy> any rates and taxes but for the inferior pur-
their poses of making roads, and erecting and repairing pub
lic buildings, or for other local conveniences within
your respective towns and districts.
Invidious "Why this degrading distinction? Ought not the
tion be- property honestly acquired by Canadians to be held as
tween Ca- sacred as that of Englishmen? Have" not Canadians
and Eng- sense enough to attend to any other public affairs, than
hshmen. gathering stones from one place and piling -tiiem up in
another? Unhappy people! who are not only injured,
but insulted. Nay more ! with such a superlative con
tempt of your understanding and spirit, has an insolent
ministry presumed to think of you, our respectable fel
low-subjects, according to the information we have
x Its design, received, as firmly to persuade themselves that your
gratitude for the injuries and insults they have recently
offered to you, will engage you to take up arms, and
render yourselves the ridicule arid detestation of the
world, by becoming tools, in their hands, to assist them
in taking that freedom from us, which they have treach
erously denied to you ; the unavoidable consequence of
which attempt, if successful, would be the extinction of
all hopes of you or your posterity being ever restored
to freedom; for idiocy itself cannot believe, that, when
their drudgery is performed, they will treat you with
less cruelty than they have us who are of the same
blood with themselves.

THE UNITED STATES OF AMERICA: 527
the commercial, system of taxation. Part III.
"What would your countryman, the immortal Mon- Address of
tesquieu, have said to such a plan of domination as has niaUon"
been framed for you ? Hear his Words, with an intense- gress to
. ~ ;,• ,. ' ,-r « the inhabi-
ness suited to the. importance Ot the subject. ' in a free tants of
state, every man, who is supposed a free-agent, ought to ^J60'
be concerned in his own government: Therefore the Appeal to
legislative should reside in the whole body of the peo- *0^1na"
pie or their representatives. The political liberty of pride.
the subject is a tranquillity of mind, arising from the
opinion each person has of his safety. In order to have
this liberty, it is requisite the government be so consti-c. .
tuted, as that one man need not be afraid of another, from Mon-
When-the power of making laws and the power of exe- esluieu'
cuting them, are united in the. same persOn, or in the
same body of magistrates, there can be no liberty;
because apprehensions may arise, lest the same monarch
or senate should enact tyrannical laws, to execute them
in a tyrannical manner.
" ' The power of judging should be exercised by per
sons taken from the body of the people, at certain times
of the year, and pursuant to a form and manner pre
scribed by law. There is no hberty, if the power of
judging be not separated from the legislative and execu
tive powers.'
" ' Military men belong to. a profession which may be
useful, but is often dangerous. The enjoyment of lib
erty, and even its support and preservation, consists in
every man's being allowed to speak his thoughts and
lay open his sentiments.' "
"Apply these decisive maxims, sanctified by theApplica-
authority of a name which all Europe reveres, to your*;°°ti°^tlie
own state. You have a governor, it may be urged, vest
ed with the executive powers, or the powers of admin
istration; in him and in your council is lodged .the
power of making laws. You have judges, who are to
decide every cause affecting your lives, liberty, or prop
erty. Here is, indeed, an appearance of the several
powers being separated and distributed into different

528 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address of hands, for checks, one upon another; the only effectual
nial con- mode ever invented by the wit of men to promote their
IT^ 1° w free<^om an<i prosperity. But scorning to be deluded
tants of by a tinselled outside, and exerting the natural sagaci-
Q"^eo' ty of Frenchmen, examine the specious deyice, and you
will find it, to use an expression of Holy Writ, 'a
whited sepulchre ' for burying your hves, liberty, and
property." " Your judges, and your legislative council, as it is
called, are dependent on your governor, and he is de
pendent on the servant of the crown in Great Britain.
The minis- The legislative, executive, and judging powers are all
e/and "moved by the nods of a minister. Privileges and im-
sophistry, munities last no longer than his smiles. When he
dangerous .
to their frowns, their feeble forms dissolve. Such a treacherous
liberties. _ngenuity has been exerted in drawing up the code
lately offered you, that every sentence, beginning with
a benevolent pretension, concludes with a destructive
power; and the substarice of the whole, divested of its
smooth words, is— that the crown and its ministers
shall be as absolute throughout your extended province
as the despots of Asia or Africa. What can protect
your property from taxing edicts, and the rapacity of
necessitous and cruel masters ? your persons, from
lettres de cachet, jails, dungeons, and oppressive serv-
_ ices? your lives and general liberty, from arbitrary
and unfeeling rulers ? We defy you, casting your view
upon every side, to discover a single circumstance,
Invited promising from any quarter the faintest hope of liberty
colonial to you or your posterity, but from an entire adoption
union. into the union of these colonies.
"What advice would the truly great man, before
mentioned, that advocate of freedom and humanity,
give you, were he now living, and knew that we, your
numerous and powerful neighbors, animated by a just
love of our invaded rights, and united by the indisso
luble bonds of affection and interest, called upon you,
by every obligation of regard for yourselves and your

THE UNITED STATES OF AMERICA. 529
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
children, as we now do, to join us in our righteous con- Address of
test, to make common cause with us therein, and take the ,col°'
... ni¥ con-
a noble chance for emerging from a humiliating sub- gress to the
jection under governors, intendants, and military __ Quebec8
tyrants, into the firm rank and condition of English 1774-
Freemen, whose custom it is, derived from their ances
tors, to make those tremble who dare to think of
making them miserable ?
"Would not this be the purport of his address ? Supposed
'Seize the opportunity presented to you- by Providence Montes-
itself. You have been conquered into liberty, if you iuieu to
act as you ought. This work is nofof man. You are
a small people, compared to those who, with open arms,
invite you into a fellowship. A moment's reflection
should convince you which will be most for your inter
est and happiness, to have all the rest of North Amer
ica your unalterable friends, or your inveterate ene
mies. The injuries of Boston have roused and asso
ciated every colony from Nova Scotia to Georgia.
Your province is the only link wanting to complete
the bright and strong chain of union. Nature has
joined your country to theirs. Do you join your po
litical interests. For their own sakes they never will
desert or betray you. Be assured that the happiness
of a people inevitably depends on their liberty, and
tlieir spirit to assert it. The value and extent of the
advantages tendered to you are immense. Heaven
grant you may not discover them to be blessings after
they have bid you an eternal adieu.'
" We are too well acquainted with the liberality of Difference
sentiment distinguishing your nation, to imagine that no barrier
difference of religion will prejudice you against at0.their
hearty amity with us. You know that the transcend
ent nature of freedom elevates those who unite in her
cause, above all such low-minded infirmities. The
Swiss Cantons furnish a memorable proof of this truth.
Their union is composed of Roman Catholic and Pro
testant States, living in the utmost concord and peace
34

530 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Address of with one another, and thereby enabled, ever since they
rual'con- Dravely vindicated tlieir freedom, to defy and defeat
gresstothe every tyrant that has invaded them.
of Quebec* " Should there be any among you, as there generally
if*. are jn au societies, who prefer the favors of ministers
ofPtheirS an(l their own private interests, to the welfare of their
union not country, the temper of such selfish persons will render
trusted, them incredibly active in opposing all' public-spirited
measures, from an expectation of being well rewarded
for their sordid industry, by their superiors ; but we
doubt not you will be upon your guard against such
men, and not sacrifice the liberty and happiness of the
whole Canadian people, and their posterity, to gratify
the avarice and ambition of individuals.
Not invited "We do not ask you, by this address, to commence
h° tiut °f ac*s °^ hostility against the government of our common
sovereign. We only invite you to consult your own
glory and welfare, and not to suffer yourselves to be
inveigled or intimidated by infamous ministers, so far
as to become the instruments of their cruelty and des
potism; but to unite with us in one Social Compact,
But to formed on the generous principles of Equal Liberty, and
equal lib- cemented by such an exchange of beneficial and en
dearing offices as to render it perpetual. In order to
complete this highly desirable union, we submit it to
your consideration, whether it may not be expedient
for you to meet together in your several towns and
districts, and elect deputies, who, afterwards meeting
Invited to in a provincial congress, may choose delegates to rep-
congress resent your province in the Continental Congress, to
be held at Philadelphia on the tenth day of May, 1775.
In this present congress, beginning on the fifth of the
*Septem- last month,* and continued to this day,t it has been,
• «'* <,r. with universal pleasure and an unanimous vote, re-
\ Octj 20. r
solved, that we would consider the violation of your
rights, by the act for altering the government of your
province, as a violation of our own, and that you
should be invited to accede to our Confederation,

THE UNITED STATES OF AMERICA. 501
THE COMMERCIAL SYSTEM OF TAXATION. PART HI.
which has no other objects than the perfect security of Address of
the natural and civil rights of all the constituent mem-niai c0n".
bers, according to their respective circumstances; ara^ j^bitante
the preservation qf a happy and lasting connection with of Quebec,
Great Britain, on the salutary and constitutional prin-
ciples herein before mentioned. For effecting these
purposes we have addressed an humble and loyal peti
tion to his majesty, praying relief of our and your
grievances ; and have associated to stop all importa
tions from Great Britain and Ireland, after the first day
of December ; and all exportations to those kingdoms Conclusion
and the West Indies after the tenth day of next Sep- "j^g
tember ;* unless the said grievances are redressed. * \116.
Tliat Almighty God may incline your minds to approve
our equitable and necessary measures, to add your
selves to us, to put your fate, whenever you suffer inju
ries which you are determined to oppose, not on the
small influence of your single province, but on the
consolidated power of North America ; and may grant
to our joint exertions an event as happy as our cause
is just, is the fervent prayer of us your sincere and
affectionate friends and fellow subjects.
" By order of the congress,
"Henry Middleton, President."^

On the twenty-second of October the following reso- Resolution
lution was passed : " Resolved, as the opinion of this sending a
congress, that it will be necessary that a congress congressin
should be held on the tenth day of May next, unless ay'
the redress of grievances, which we have desired, be
obtained before that time. And we recommend that
the same be held at the city of Philadelphia, and that
all the colonies in North America, choose deputies, as
soon as possible, to attend such congress."
Soon after the adoption of this resolution, the com
mittee appointed to prepare a letter to the colonies of
f The Hon Peyton Randolph was taken sick, and the Hou. Henry Mid
dleton chosen to supply his place as president, Oct. 22, \11i.

532 THE GOVERNMENTAL HISTORY OF
Part III. ¦ origin and causes of the revolution.
St. Johns, Nova Scotia, etc., reported a draft, which
was read, and being amended, was approved and
adopted as follows, viz. : —
Letter t0 " Philadelphia, October 22, 1774.
the colo- « Gentlemen : The present critical and truly alarming
Johns, &c. state of American affairs, having been considered in a
general congress of deputies from the colonies of New
Hampshire, Massachusetts Bay, Rhode Island, Connec
ticut, New York, New Jersey, Pennsylvania, the lower
counties on Delaware, Maryland, Virginia, North Car
olina, and South Carolina, with that attention and
mature deliberation which the important nature of the
case demands, they have determined for themselves,
and the colonies they represent, on the measures con
tained in the enclosed papers ; which measures they
recommend to your colony to be adopted, with all the
earnestness that a well-directed zeal for American lib
erty can prompt.
Necessity " So rapidly violent and unjust has been the late con-
of resist- ^uc^ 0f ^ne British administration against the colonies,
ance to °- '
British ag- that either a base and slavish submission, under the
gressioQ. jogg q£ their ancient, just, and constitutional liberty,
must quickly take place, or an adequate opposition be
formed. " We pray God to take you under his protection, and
to preserve the freedom and happiness of the whole
British Empire. We are, Ac,
" By order of the Congress,
"Henry Middleton, President."

Order on On the twenty-fifth of October, the congress " Ordered,
dress to that the address to the king be enclosed to the several
Ocwm c°i°ny agents, in order that the same may be by them
presented to his majesty ; and that the agents be re
quested to call in the aid of such noblemen and gen
tlemen as are esteemed firm friends to American lib-
Committee „rj.v
to prepare ®"lJ-
letter. « Ordered, that Mr. Lee and Mr. Jay be a committee

THE UNITED STATES OF AMERICA. 533
THE COMMERCIAL SYSTEM OF TAXATION. PART IIL
to prepare a letter to the agents of the several colo- The colo-
nial con-
UieS. gress,
" Ordered, that this congress, in their own names, 1'1^4:-
and in . behalf- of all those whom they represent, do
present their most grateful acknowledgments to those
truly noble, honorable, and patriotic advocates of civil thanks to
and religious liberty, who have so generously and pow- of^^erf-8
erfully, though unsuccessfully, espoused and defended ca in Eng-
the cause of America both in and out of parhament.
" October, 26th, 1774. The committee appointed to Report of
prepare a letter addressed to the agents, reported a mfttee!"1'
draft, which was read, and being debated by paragraphs,
was approved, and adopted as follows, viz. :
"Wednesday, October 26, 1774.
" Gentlemen : We give you the strongest proof of Letter to
our reliance on your zeal and attachment to the happi-* ge^°3°n7
ness of America, and the cause of liberty, when we
commit the enclosed papers to your care.
" We desire that you will deliver the petition into the The peti-
hands of his majesty, and after it has been presented, ^^ ° e
we wish it may be made public, through the press, to
gether with the list of grievances, and as we hope for
great assistance from the spirit, virtue, and justice of
the nation, it is our earnest desire that the most effectual
care be taken, as early as possible, to furnish the trad
ing cities and manufacturing towns, throughout the The me-
.-.,.¦¦ -,, • i ,, , „morialto
united kingdom, with our memorial to the people of the people.
Great Britain.
" We doubt not but your good sense and discernment.
will lead you to avail yourselves of every assistance
that may be derived from the advice and friendship of
all great and good men, who may incline to aid the
cause of liberty and mankind.
"Tlie gratitude of America, expressed in the en- To deliver
closed vote of thanks, we desire may be conveyed to*e™teof
the deserving objects of it in the manner that you think
will be most acceptable to them.

534 THE GOVERNMENTAL HISTORY OF
Part IH. origin and causes of the revolution.
The colo- " It is proposed that another congress be held on the
eress°n" tenth of May next, at this place, but, in the mean time,
1774.' we beg the favor of you, gentlemen, to transmit to the
speakers of the several assemblies, the earliest informa-
Urged to tion of the most authentic accounts you can collect of
transmit all such conduct and designs of ministrv, or parlia-
gence. ' ment, as it may concern America to know.
" We are, with unfeigned esteem and regard, gen
tlemen, By order and in behalf of the Congress,
Henry Mhjdleton, Pres't.
American " To Paul Wentworth, agent for New Hampshire;
Son11 Dr- Be»jamin Franklin, William Bolle*n, Dr. Arthur^ee,
agents for Massachusetts Bay ; Edmund Burke, agent
for New York; Thomas Life, agent for Connecticut;
and Charles Garth, Esq., agent for South Carolina."
There were no agents there for the other colonies.
Vote of The session closed with a vote of thanks " to the
the'house h°noraDle the house of representatives of the colony
of repre- of Pennsylvania, for their politeness to this con-
in Pennsyl- gress ; and that the delegates for this colony be a com-
vanla. mittee to communicate this resolution to the said hon
orable house." Their proceedings were made pub-
menTof " Ho after their adjournment, and freely circulated, and
the con- received throughout the colonies with grateful appro- -
bation. While the congress was in session, Capt. Robert
Mackenzie, an officer in the British Army at Boston,
addressed George Washington, then a member, as fol
lows, viz. :
Capt. "Boston, Sept. 13th, 1774. — Mr. Atcheson can suffi-
to Wash- ciently inform you of the state of this unhappy pro-
ington. vince, of their tyrannical oppression over, one another,
of their fixed aim at total independence, of the weakness
and temper of the mainsprings that set the whole in
motion, and how necessary it is, that abler heads and
better hearts should draw a line for their guidance.
Even when this is done, it is much to be feared, that

THE UNITED STATES OF AMERICA. 535
the commercial system of taxation. Part HI.
they will follow it no further than it "coincides with their
sentiments. "Amidst all these jarrings we have until lately lived
in a camp of pleasure, but the rebellious and numer
ous meetings of men in arms, their scandalous and un
generous attacks upon the best characters in the prov
ince, obliging them to save themselves by flight, and
their repeated but feeble threats to dispossess the troops,
have furnished suflicient reasons to General Gage to
put the town in a formidable state of defence, about
which we are now fully employed and which will be
accomplished to their great mortification."
To this letter Washington replied, vindicating Massa
chusetts and the colonies in the following dignified and
caustic manner : "Philadelphia, Oct. 9, 1774.
" Dear Sir :
" Your letter of the 13th ultimo, from Boston, gave washing-
me pleasure, as I learnt thereby, that you were well, toninreply
and might be expected at Mount Vernon in your way Macken.
to or from James' river, in the course of the winter. zie« lfjlji-
" When I have said this, permit me with the freedom
of a friend (for you know I always esteemed you) to
express my sorrow, that fortune should place you in a
service that must fix curses to the latest posterity upon
the contrivers, and, if success (which, by the by, is
impossible) accompanies it, execrations upon all those
who have been instrumental in the execution.
"I do not mean by this to insinuate, that an officer p
is not to discharge his duty, even when chance, not of Mass.
choice, has placed him in a disagreeable situation ; but ay"
I confess, when you condemn the conduct of the Mas
sachusetts people, you reason from effects, not causes :
otherwise you would not wonder at a people, who are
every day receiving fresh proofs of a systematic asser
tion of an arbitrary power, deeply planned to over
throw the laws and constitution of their country, and to
violate the most essential and valuable rights of man-

536 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Washing- kind, being irritated and with difficulty restrained from
ton in re- aC£s 0f _ne greatest violence and intemperance. For
Captain my own part, I confess to you candidly, that I view
zie°Oct" things in a very different point of light from the one in
1774. which you seem to consider them ; and though you are
led to believe by venal men — for such I must take the
liberty of calling those new-fangled counsellors, who
fly to and surround you, and all others, who, for honors
or, pecuniary gratifications, will lend their aid to over
throw the constitution, and introduce a system of arbi
trary government — although you are taught, I say, by
discoursing with such men, to believe, that the people
of Massachusetts are rebellious ; setting up for inde-
Defenceof pendency, and what not, give me leave, my good friend,
to tell you, that you are abused, grossly abused.
"This I advance with a degree of confidence and
boldness which may claim your belief, having better
opportunities of knowing the real sentiments of the
people you are among, from the leaders of them, in
opposition to the present measures of the administra
tion, than you have from those whose business it is, not
to disclose truths, but to misrepresent facts in order to
justify, as much as possible, to the world, their own
conduct. Give me leave to add, and I think I can .
The colo- announce it as a fact, that it is not the wish or interest
"imin0* t °f ^at government, or any other upon this continent, sep-
independ- arately or collectively, to set up for independence. But
ence. ^s yQU may a^. ^_e game time re_y upon, that none of
them will ever submit to the loss of those valuable
rights and privileges, wliich are essential to the happi
ness of every free state, and without which life, liberty,
and property, are rendered totally insecure.
" These, sir, being certain consequences, which must
naturally result from the late acts of parliament rela
tive to America in general, and the goverment of Mas
sachusetts Bay in particular ; is it to be wondered at, I
repeat, that men, who wish to avert the impending
blow, should attempt to oppose it in its progress, or

THE UNITED STATES OF AMERICA. 537
THE COMMERCIAL SYSTEM OF TAXATION. PART IIL
prepare for their defence, if it cannot be averted ? WasMng-
Surely I may be allowed to answer in the negative ; piy to
and again give me leave to add as my opinion, that £ap*j Mac"
more blood will be spilled on this occasion, if the min- Oct. 1774.
istry are determined to push matters to extremity, than
history has ever yet furnished instances of in the
annals of North America, and such a vital wound will
be given to the peace of the country, as time itself
cannot cure, or eradicate the remembrance of.
" But I have done. I was involuntarily led into a General
short discussion of the subject by your remarks on the 0|nt£mpe_.
conduct of the Boston people, and your opinion of pie.
their wishes to set up for independency. I am well
satisfied, that no such thing is desired by any thinking
man in all North America; on the contrary, that it is
the ardent wish of the warmest advocates for liberty,
that peace and tranquillity, upon constitutional grounds,
may be restored,, and the horrors of civil discord pre- * Spark's
vented. " I remain, dear sir, tf' Wafh-
" your most obedient serv't, ington,
"George Washington."*

As Washington was at this time in attendance in Indepen-
congress, and in daily intimacy and consultation with __s£edby
its members, this letter may be taken as an expression the col°-
of the sentiments which prevailed throughout the colo
nies. It is evident that the idea of independence was
neither premeditated, anticipated, or desired at this
date. As a further illustration of the position and sen
timents of the nation, I introduce here the following
copy of a letter from the Hon. John Dickinson of
Pennsylvania, to Dr. Arthur Lee, the agent of the col
ony of Massachusetts Bay in England. Mr. Dickinson
wrote as follows, viz. : —
" Philadelphia, October 27, 1774.
"Dear Sir. Yesterday the congress broke up.
You will immediately know their proceedings from
publications.

538

THE GOVERNMENTAL HISTORY OF

Part III.

ORIGIN AND CAUSES OF THE REVOLUTION.

Letter of
Hon. John
Dickinson, of Pa., to
Dr. Arthur
Lee, in
London, 1774.
Position of
the colo
nists.Their una
nimity and
determina
tion.

Ministry must not
be sus
tained.

The crisis
apprehended.

"The colonists have now taken such grounds that
Great Britain must relax, or inevitably involve herself
in a civil war, likely in all human probability to over
whelm her with a weight of calamities, in comparison
of which, the contentions between the houses of York
and Lancaster, or the distractions of the last century,
were gentle misfortunes.
"A determined and unanimous resolution animates
this continent, firmly and faithfully to support the com
mon cause to the utmost extremity, in this great strug
gle for the blessing of liberty — a blessing that can
alone render life worth holding.
" I grieve for the fate of a brave and generous nation,
plunged by a few profligate men into such scenes of
unmerited and inglorious distress. Let her rouse her
noble spirit, be true to herself, and she cannot fail of
being true to us. Let her not so far adopt ' the
schemes of base yet visionary men and knaves, that
she may think her dignity concerned to maintain the
projects of those whom her justice commands her to
punish. " Give up the Butes, Mansfields, Norths, Bernards,
and Hutchinsons, whose falsehoods and misrepresenta
tions have inflamed the people : Call not their cause
the cause of Great Britain : Throw all errors and
occasions of dissatisfactions on their guilty heads. A
new ministry of such a character that England and
America both can trust, may do great things; espe
cially if a considerable change be made at the next
general election. Why should nations meet with hos
tile eyes because villains and idiots have acted like
villains and idiots.
" I wish for peace ardently, but must say, delightful
as it is, it will come more grateful as being unexpected.
The first act of violence, on the part of administration,
in America, or the attempt to reinforce General Gage
this winter, or next year, will put the whole continent
in arms from Nova Scotia to Georgia. May God, of

THE UNITED STATES OF AMERICA. 539
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
his infinite mercy, grant a happy event to these afflict
ing agitations. Your friend,
"John Dickinson."
" P. S. It is suspected here that a design is regu
larly prosecuted by the ministry, to make his majesty
dethrone himself, by the calamities and convulsions his
reign is likely to bring on his whole people. Please to
inform me what is thought on this point in England."
While such was the posture of affairs in America, posture of
the proceedings which were going on in Great Britain a^airs and
were equally interesting and important. At a meeting ings in
of the Society of the Supporters of the Bill of Rights, *jgan,-th
held in London tavern,* the right honorable the lord 1775.
mayor of the city of London, in the chair, it was —
" Resolved unanimously, that the liberties, franchises,
and chartered rights of our fellow-subjects m America
are so nearly connected with those of Great Britain
that the subversion of either must prove equally fatal
to both. r
" Resolved, unanimously, that it be earnestly recom
mended to such members of this society who have seats
in parliament, to exert themselves in bringing to the
justice of their country, the advisers of measures for
establishing arbitrary government over our affectionate ~
fellow-subjects in America, by taxing them without
their consent, refusing them a trial by jury, establish
ing popery, and taking from them the right of the
habeas corpus act, and to obtain for that much injured
people a full redress of grievances.
" By order of the Society,
"John Wilkes, Chairman."
The merchants also of London and of Bristol, the
manufacturers of Manchester, Sheffield, and Birming
ham, and the traders and planters of the West Indies,
all felt the disastrous effects of the suspension of their
trade with the colonies, while thousands of the people
were thrown out of employment, and deprived even of

640 the governmental history of
Part III. origin and causes of the revolution.
Proceed- the means of subsistence. Parliament was now flooded
pallia? w*th petitions from these several sources, praying them
ment, Jan- to adopt such measures as should have a tendency to
uary' ' re-open the commercial intercourse between the two
* l Amer- countries, and thus avert the ruin and misery which
chives""' threatened to overwhelm them.* The address of the
1145. American congress to the king had been transmitted
and presented to him, but regarding them as an illegal
body, he refused to receive it, and referred it to parlia
ment. Parliament also refused, for the same reason,
to give it their attention.
It was but reasonable to suppose, that coming before
the crown, or into the councils of the nation, as it did,
with such an array of popular_sentiment in favor of the
position taken by the colonies, the petition of so respect
able a body so fully empowered, as the colonial con
gress, would have received some consideration. But it
was rejected, and the petitions of her own subjects at
home were scarcely regarded, by men claiming to be the
servants of the state,, but " who had never looked at
the whole of the complicated interests of the kingdom
in one connected view : who had taken things by bits
and scraps, just as they pressed, without regard to their
relations and dependencies : who never had any sys
tem, right or wrong, but only occasionally invented some
miserable tale of the day, in order meanly to sneak out
, _ , of difficulties into which they had proudly strutted." *
Lord Chat- The cause of America found an able and eloquent
ham's mo- champion in Lord Chatham. Lord Dartmouth, now
tion to re- . ,
call the secretary of state for the American department, had
fromBos- submitted sundry documents to the house of lords,
ton. among which, undistinguished by any particular refer-
Lords,jan-ence, was the petition of the congress to the king.
uary, 1775. Lord Chatham thereupon moved an address to the
king to recall his majesty's troops from Boston.
"When your lordships," he said, "look at the papers
transmitted us from America, when you consider their
decency, firmness, and wisdom, you cannot but respect

THE UNITED STATES OF AMERICA. 541
the commercial system of taxation. Part III.
their cause and wish to make it your own ; for myself, Prooeed-
I must declare and avow that, in all my reading andnament,
observations, and it has been my favorite study — I House of
have read Thucidydes, and have studied and admired Jan. 1775.
the master states of the world' — that for solidity of
reasoning, force of sagacity, and wisdom of conclusion,
under such a complication of difficult circumstances,
no nation or body of men can stand in preference to
the general congress at Philadelphia. I trust- it is obvi
ous to your lordships, that all attempts to impose servi
tude on such men, to establish despotism over such a
mighty continental nation, must be vain, must be futile.
We shall be forced ultimately to retract, let us retract
whilst we can, npt when we must. I say we must Lord Chat-
necessarily undo these violent and oppressive acts ; g™gh on
they must be repealed, you will repeal them. I pledge his motion
myself for it, that you will in the end repeal them. I the' troops
stake my reputation on it. I will consent to be taken from Bos-
for .an idiot if they are not finally repealed. Avoid
then this humiliating, disgraceful necessity, with a dig
nity becoming your exalted situation ; make the first
advances to concord, to peace and happiness ; for that
is your true dignity, to act with prudence and with
justice. That you should first concede is obvious from
sound and rational policy. Concession comes with bet- concession
ter grace, and more salutary effect, from the superior necessary
power. It reconciles superiority of power with thean po
feelings of men, and establishes solid confidence in the
foundation of affection and gratitude."
" The Americans, sore under injuries and irritated by
wrongs, stripped of their inborn rights and dearest
privileges, have resisted oppression, and entered into
confederacies to preserve their common liberties. Un
der this idea, the colonists have appointed men compe
tent to so great an undertaking, to consider and devise
the most effectual means for maintaining so inestima
ble a blessing. Invested with this right by the choice
of a free people, these delegates have deliberated with

542 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Proceed- prudence, with wisdom, and with spirit ; and, in conse-
iiamentPar" quence of these deliberations, have addressed the jus-
Honse of tice and the honor of their country. This is their fault,
Jan. 1775. this is their crime ; they have petitioned for that without
which a free people cannot possibly exist. Much has
Lord chat- been said of late about the authority of parliament.
speech on Its acts are held up as sacred edicts, demanding im-
Ms motion pijci_ submission, because, if the supreme power does
draw the not lodge somewhere operatively and effectively, there
from Bos- must De an eim to all legislation. But they who thus
ton. , argue, or rather dogmatise, do not see the whole of
this question on great, wise, and liberal grounds. In
every free state the constitution is fixed, and all legis
lative power and authority, wheresoever placed, either
in colle*ctive bodies or individuals, must be derived
under the established polity from which they are
framed. Therefore, however strong and effective acts'
of legislation may be, when they are formed in the
Their cause spirit of this constitution, yet when they resist its prin-
o^consti- ciples3 or counteract its provisions, they attack their
tutionai own foundation ; for it is the constitution, and the con-
' stitution onh/y which limits both sovereignty and alle
giance. This doctrine is no temporary doctrine, taken
up on particular occasions, to answer particular pur
poses ; it is involved in no metaphysical doubts and
intricacies ; but clear, precise, and determinate ; it is
recorded in all our law books ; it is written in the great
volume of nature ; it is the essential and unalterable
right of Englishmen, and accords with all the princi
ples of justice and civil policy, which neither armed
force on the one side, nor submission upon the other,
can, upon any occasion, eradicate. Dreadful will be the
Proceed- effects of coercive measures. Government has sent an
against armed force of above seventeen thousand men to dra-
Boston, goon the Bostonians into what is call their duty. Min
isters, so far from turning their eyes to the impolicy
and dreadful consequences of this scheme, are con
stantly sending out more troops, and declaring, in the

THE UNITED STATES OF AMERICA. 543
the commercial system of taxation. Part III.
language of menace, that if seventeen thousand menProceed-
cannot, fifty thousand shall enforce obedience. So pow- foment**"
erful an army may ravage the country, and waste House
and destroy as they march ; but in the progress of sev- jan- i^g,
enteen hundred miles can they occupy the places that
they have passed ? Will not a country, which can pro
duce three millions of people, wronged and insulted as
they are, start up like hydras in every corner, and
gather fresh strength from fresh opposition ? If the Lord Chat-
ministers thus persevere in misadvising and misleading J^l^ on
the king, I will not say that they can alienate the affec-his motion
"s. to r6C9.il
tions of his subjects from his crown, but I will affirm, that the troops
they will make the crown not worth his wearing. I [r°m Bos"
will not say that the king is betrayed, but I will pro
nounce that the kingdom is undone. I have crawled to
tell you my opinion. I think it my duty to give the
Vhole of my experience and counsel to my country at
all times, but more particularly when it so much needs
political guidance. Having'thus entered on the thresh
old of this business, I will knock at your gates for
justice, and never stop, unless infirmities should nail
me to my bed, until I have at least employed every
means in my power to heal those unhappy divisions.
Every motive of equity and of policy, of dignity and
of prudence, urges you to allay the ferment in Amer
ica, by the removal of your troops from Boston ; by a
repeal of your acts of parliament, and a demonstration
of amicable dispositions towards your colonies."
Notwithstanding it was accompanied with such an
able and cogent argument in favor of the measures it
proposed, the motion was rejected by a large majority,
and the ministerial party avowed their determination
to enforce obedience by arms. But Lord Chatham still
persevered in recommending pacific and conciliatory
measures. He now moved " That an humble address Motion for
be presented to his majesty, most humbly to advise and a°tn"e king!
beseech his majesty, that in order to open the way
towards a happy settlement of the dangerous troubles

544 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Proceed- in America, by beginning to allay ferments, and soften
ikmentPar" animosities there ; and, above all, for preventing in the
House of meantime, any sudden and fatal catastrophe at Boston,
Jan. 1775. n°w suffering under the daily irritation of an army
before their eyes, posted in their town ; it may gra
ciously please his majesty that immediate orders may
be dispatched to General Gage for removing his maj
esty's forces from the town of Boston, as soon as the
rigour of the season, and other circumstances indis
pensable to the safety and accommodation of the said
troops, may render the same practicable." This mo
tion was defeated. He subsequently introduced a bill
Provision- entitled "A provisional act for settling the troubles in
concilia- America, and for asserting the supreme legislative
tion, pro- authority and superintending power of Great Britain
Lord Chat- over the colonies," — wherein it was proposed — to repeal
ham. ajj ^.ne ODnoxi0us acts of parliament, relative to Amer-"
ica, — to restrain the powers of the courts of admiralty
within their former limits — to re-establish the right of
trial by jury in such cases where it had been abolished
— and that the judges should hold "their offices and
receive their compensation during good behaviour. In
a word, it conceded generally the rights and immu
nities claimed by the colonies, while it insisted on the
supremacy of the mother country. The measure was
violently opposed and rejected.
House of ' On the same day Lord North presented to the House
' of Commons, by his majesty's command, sundry papers
relating to and embodying proceedings in various prov
inces of the American colonies, received from General
Gage, as late as the fourth of January, 1775. On the
second day of February the house resolved itself into a
committee of the whole "to consider further of the
LrdNrthsa^ several papers, so submitted;" whereupon Lord
moves an North, after a few prefatory remarks, moved an address
claring e~to the king, declaring Massachusetts Bay to be "in a
Mass. Bay state of actual rebellion against the authority of the
in rebel- . . , ° J
Uon. supreme legislature, countenanced and- encouraged by

THE UNITED STATES OF AMERICA. 545
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
unlawful combinations and engagements, entered into Proceed-
by his majesty's subjects in several of the other colo-J|_f_entPar"
hies, to the injury and oppression of many of tlieir House of
innocent fellow-subjects resident within the kingdom of Feb., 1775.
Great Britain, and the rest of his majesty's dominions,"
&c. In the course of the debate which followed this mo
tion, which was continued for several days, the Ameri
cans generally were called rebels, and the dominant TheAmeri-
ministerial party boldly contended that by commencing _J_tizedSas
effective military operations in Massachusetts Bay the rebels.
other colonies would at once yield to the power of par
liament. The motion finally prevailed, and an address was Lord
prepared, and presented by a committee composed of moti0n
members from both houses, to the king, as follows : carried.
"Most Gracious Sovereign:
"We, your majesty's most dutiful and loyal subjects, Address to
the Lords spiritual and temporal, and Commons, in par- j^. "if fa,
liament assembled, return your majesty our most hum
ble thanks for having been graciously pleased to com-.
municate to us the several papers relating to the pres
ent state of the British colonies in America, which, by
your majesty's commands have been laid before us.
" We have taken them into our most serious consid
eration, and we find that a part of your, majesty's sub
jects, in the province of the Massachusetts Bay, have Massachu-
proceeded so far to resist the authority of the supreme ^ett]SaB *jyt
legislature that a rebellion at this time actually exists be in rebel-
within the said province : And we see, with the utmost 10n"
concern, that they have been countenanced and encour
aged by unlawful combinations and engagements en
tered into by your majesty's subjects in several of the
other colonies to the injury and oppression of many of
their innocent fellow-subjects, resident within the king
dom of Great Britain, and the rest of your majesty's
dominions. This conduct, on their part, appears to us
the more inexcusable when we consider with how much
35

546 THE GOVERNMENTAL HISTORY OF
Part in. origin and causes of the revolution.
Proceed- temper your majesty and the two houses of parliament
liament^" have acted in support of the laws arid constitution of
House of Great Britain, We can never so far desert the trust
Feb., 177B. reposed in us, as to relinquish any part of the sovereign
The ad- authority over all your majesty's dominions, which by
the king, law is vested in your majesty and the two houses of
parliament ; and the conduct of many persons in several
of the colonies, during the late disturbances, is alone
sufficient to convince us how necessary this power is for
the protection of the lives and fortunes of all your
majesty's subjects.
" We ever have been, and always shall be, ready to
pay attention and regard to any real grievances of any
of your majesty's subjects, which shall, in a dutiful and
constitutional manner, be laid before us: And when-
The su- ever any of the colonies shall make a proper application
of parha- to us> we snaU De ready to afford them every just and
ment to be reasonable indulgence, At the same time, we consider
it as our indispensable duty humbly to beseech your
majesty that you will take the most effectual measures
to enforce due obedience to the laws and authority of
tlie supreme legislature; and we beg leave, in the most
solemn manner to assure your majesty that it is our
fixed resolution, at the hazard of our lives and proper- '
ties, to stand by your majesty, against all rebellious
attempts, in the maintenance of the just rights of your
majesty, and the two houses of parliament."
Protest of The opposition in the House of Lords, entered a pro-
titm mPth8e test against the address, because, in the language ofthe
House of protest,
Feb.,S_775. " First. The violent matter of this dangerous address
l. To the was highly aggravated by the violent manner in which
violent it was precipitately hurried through the house : Lords
the ad- were not allowed the interposition of a moment's time
dress. for deliberation before they were driven headlong into
a civil war. A conference was held with the commons,
an address of this importance presented, all extraneous
information, although offered, positively refused; all

THE UNITED STATES OF AMERICA. 547
THE COMMERCIAL SYSTEM OF TAXATIOiN. PART III.
petitions arbitrarily rejected; and the hole of this Pfoceed-
most awful business received, debated, and concluded, 2e_t"'
in a single day. ' ' Potest of
_, „ _ 11-1 i • i • tne opposi-
" Secondly. Because no legal grounds were laid in tion to the
argument, or in fact, to show that a rebellion, properly g0duraee8S_f
so called, did exist in Massachusetts Bay, when the Lords,
papers of the latest date, and from whence alone we *'
derive our information, were written. The overt acts
to which the species of treason, affirmed in the address,
ought to be applied, were not established, nor any offend
ers marked out. But a general mass of the acts of
turbulence, said to be done at various times and places,
and of various natures, were all thrown together to
make out one general constructive treason. Neither ?¦ Because
its Cn3,F^'(vfl
was there any sort of proof of the continuance of any against
unlawful force from whence we could infer that a rebel- Mass- Bay
are un-
lion does now exist. And we are the more cautious of founded.
pronouncing any part of his majesty's dominions to be
in actual rebellion, because the cases of constructive
treason, under that branch of the 25th of Edward the
Third, which describes the crime of rebellion, have been
already so far extended by the judges, and the distinc
tions thereupon so nice and subtle, that no prudent man
ought to declare any. single person in that situation,
without the clearest evidence of uncontrovertible overt
acts, to warrant such a declaration. Much less ought
so high an authority as both houses of parliament, to
denounce so severe a judgment against a considerable
part of his majesty's subjects, by which his forces may
think themselves justified in commencing a war without
any further order or commission.
" Thirdly. Because we think that several acts of the 3. Because
last parliament, and several late proceedings of admin- ance|r_om.
istration, with regard to the colonies, are real griev- plained of
• ', . & „ . . A , °d . by the .
ances, and just causes of complaint ; and we cannot, in colonies
honour or in conscience, consent to an address which are reaI-
commends the temper by which proceedings so very
intemperate have been carried on ; nor can we persuade

548 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Proceed"- ourselves to authorize violent courses against persons
liament" m the colonies, who have resisted authority, without at
Protest of the same time redressing the grievances which have
tion to the given but too much provocation for their behavior.
address "Fourthly. Because we think the loose and general
Lords, assurances given by the address, of future redress of
,ey, 1 5' grievances in case of submission, are far from satisfac-
4. The 7
address is tory, or at all likely to produce their end, whilst the acts
too vague. complained of continue unrepealed, or unamended, and
•their authors remain in authority here; because these
advisers of all the measures which have brought on the
calamities of this empire, will not be trusted while they
defend, as just, necessary, and even indulgent, all the
acts complained of as grievances by the Americans.
The minis- And must-, therefore, on their own principles, be bound
mitted to in future to govern the colonies in the manner which
tlie same jias already produced such fatal effects ; and we fear
offensive J r
measures, that the refusal of this house, so much as to receive,
previous to determination, (which is the most offensive
mode of rejection) petitions from the unoffending
natives, of Great Britain and the West India Islands,
affords us but a very discouraging prospect of our
obtaining hereafter any petitions at all, from those
whom we have declared actors in rebellion, or abettors
of that crime.
Lastly. "Lastly. Because the means of enforcing the authori-
confidence ty of the British legislature, is confined to persons of
in minis- whose capacity, for that purpose, from abundant expe
rience, we have reason to doubt ; and who have hitherto
used no effectual means of conciliating, or of reducing
those who oppose that authority; this appears in the
constant failure of all their projects, the insufficiency
of all their information, and the disappointment of all
the hopes which they have for several years held out to
the publick. Parliament has never refused any of their
proposals, and yet our affairs have proceeded, daily,
from bad to worse until we have been brought, step by
step, to that state of confusion, and even civil violence,

THE UNITED STATES OF AMERICA. 549
the commercial system of taxation. Part IH.
which was the natural result of these desperate meas- Proceedings in par-
Ures. liament.
" We therefore protest against an address amounting Protest of
, , . « i • i • > it the opposi
te a declaration of war, which is founded on no proper tion to the
parliamentary information ; which was introduced by g0duraees30f
refusing to suffer the presentation of petitions against Lords,
it, (although it be the undoubted right of the subject Sum_jar '
to present the same,) which followed the rejection of against the
*i fin rp^^i
every mode of conciliation ; which holds out no substan
tial offer of redress of grievances; and which promises
support to those ministers who have inflamed America
and grossly misconducted the affairs of Great Britain.
Richmond. Courtenay. Effingham.
Craven. Abingdon. Stanhope.
Archer. Portland. Scarborough.
Abergaverny. Cambden. Fitzwilliam. *iAmeri-
BOCKINGHAM. TORRINGTON. TaNKERVILLE. can Ar-
Wycombe. Ponsonby. Cholmondeley.* l^'

To this address the king replied, as follows, viz. :
"My Lords and Gentlemen: I thank you for this very The king's
dutiful and loyal address, and for the affectionate aud the ad-°
solemn assurances you give me of. your support, indress-
maintaining the just rights of my crown, and of the
two houses of parliament ; and you may depend on my Guaran-
taking the most speedy and effectual measures for en- J^es_ *^
forcing due obedience to the laws and the authority of of pariia-
the supreme legislature.
" Whenever any of my colonies shall make a proper Disposition
and dutiful application, I shall be ready to concur with t^colo?6
you in affording them any just and reasonable indul- ties.
gence ; and it is my ardent wish that this disposition
on our part may have a happy effect on the temper and
conduct of my subjects in America."
Such was the position taken by the ministerial party, Positionof
in the two houses of parliament, and sanctioned by the jjeria™""8"
crown, relative to the grievances complained of in party.
America at this time. The tone of the debate on the

550 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Proceed- part of the administration was passionate, bitter, via-
!iamentPar dictive and desperate ; while on the part of the opposi-
Feb. 1776. tion, as also in the protest, it was calm, considerate,
conciliatory and hopeful. But the result was decisive
of far more important , interests, and far-reaching
sequences, than had entered into the contemplation or
imaginations of either. Without any anticipation of it
in the parent state, without any pre-determination of it
in the colonies, the seal of severance was thus set to
their political relations with the mother country. No
human wisdom even at this time foresaw %it, no human
The una- forethought had as yet pre-judged it. All .parties, in-
resuits un- deed, on both sides of the Atlantic, felt that a fearful
foreseen, crisis was imperiding,. that a terrible conflict was at
hand. But the wise and the good, and even the rash
and the headstrong, in the mother country, rehed upon
the resolution of harmony under healthier councils ;
while reflecting men in America sought and hoped for
nothing more or less than the concession and security
of their constitutional rights and liberty, in a cherished
dependency upon the crown of Great Britain.
The crisis At this crisis we return again to the colonies in
ica_ America, and we find them just now advised of the
re'ception given to their agents, and tlieir congressional
proceedings, by the crown, and in parliament, and of
other measures adopted for their subjugation. Mas
sachusetts Bay, it must be remembered, was the ob
ject and the theatre of the more immediate visitations
of parliamentary legislation, and coercive power. In
preparing to meet the exigencies of her situation the
provincial assembly had raised troops and directed a
collection of stores and ammunition to be deposited at
* 1776. Concord and Worcester. On the eighteenth of April,*
General Gage, commander of his majesty's forces at
Boston, ordered a detachment of his troops to take
possession of these stores and ordnance. On the
morning of the nineteenth, as they entered Lexington,
they came upon about one hundred and thirty of the

THE UNITED STATES OF AMERICA. 551
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
Lexington militia, who having been forewarned of the Proceed-
object of this detachment were gathered and parading j^^^j?
on the common. Major Pitcairn, the leader of the Mass. Bay.
British troops, rode up to them, and cried out " dis
perse ye rebels, throw down your arms and disperse."
They still held their ground, however, when the British
major advanced nearer, discharged his pistol among
them, and ordered his men to fire. The militia were Conflict of
at first disposed to retire, but finding that they were Lr™f*ton
Still fired upon, stood, and returned the fire, and sev-andCon-
eral were killed on both sides. The detachment pro- 1775. p
ceeded towards Concord, where tliey encountered a
number of militia-men under the command of Major
Butterick, who, not knowing what had already taken
place at Lexington>, ordered his men not to fire unless
they were first fired upon by the troops of his majesty.
As the regulars advanced and , came nearer to the
Americans, the king's troops fired and killed a captain
and private of the American military. At this the
American troops gave battle and compelled them to
commence a retreat towards Boston. Sixty-five of the
king's army were killed and twenty-eight were taken See Jour-
prisoners, while of the provincials fifty were killed and ^ of
thirty-eight wounded. Thus was the unnatural contest WW.
provoked by aggression and stained with blood.
The assembly of Massachusetts Bay, being now in ses
sion, immediately transriritted an account of this battle
to Great Britain, accompanied with abundant proof that
the British troops were the aggressors. They also pre- Address of
pared an address to the people of Great Britain, where- to^he^ieo-
in, after enumerating again the wrongs and oppressions E,le of „ .
1 ¦ i_ J.X. i j r ¦ 1 ,, ., , , Great Brit-
which they had endured, they say — " these have not ain.
detached us from our royal sovereign : We profess to be
his loyal and dutiful subjects, and though hardly dealt
with as we have been, are still ready, with our lives
and fortunes, to defend his person, crown and dignity ;
nevertheless, to the persecution and tyranny of his
civil ministry, we will not tamely submit Appealing

552 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Meeting of to heaven for the justice of our cause we determine to
*_"_£ die or be free."
gress at —~ ~ ¦" ~ "
phia, May Such was the aspect of affairs, both in England and
10, 1775. __merica, when the colonial congress again assembled
at Philadelphia, to " take into consideration the state
of America." The delegates who, agreeable to their
appointment, and the orders received from their re-
Names of spective colonies, met in this congress were, from
delegates. Nbw Hampshire, Mr. John Sullivan, Mr. John Lang
don. Massachusetts Bay, Messrs. John Hancock, Thomas
Cushing, Samuel Adams, John Adams, Robert Treat
Paine. Connecticut, Messrs. Eliphalet Dyer, Roger Sher
man, Silas Deane.
New York, Philip Livingston, James Duane, John
Alsop. New Jersey, James Kinsey, Stephen Crane, Wilham
Livingston, John De Hart, Richard Smith.
Pennsylvania, Edward Biddle, John Dickinson,
Thomas Mifflin, Charles Humphreys, John Morton,
George Ross, Benjamin Franklin, Thomas Willing.
Delaware, Caesar Rodney,Thos. McKeane, Geo. Read.
Maryland, Matthew Tilghman, Thomas Johnson,
William Paca, Samuel Chase, John Hall.
Virginia, Peyton Randolph, George Washington,
Richard Henry Lee, Edmund Pendleton, Benjamin
Harrison, Richard Bland.
North Carolina, William Hooper, Joseph Hewes,
Richard Caswell.
South Carolina, Henry Middleton, Thomas Lynch,
Christopher Gadsden, John Rutledge, Edward Rut
ledge. The Hon. Peyton Randolph was unanimously chosen
president, and Charles Thomson secretary. Mr. Ran-
* May 19. dolph subsequently* resigned his place, to return to
Virginia as speaker of the provincial assembly, when

THE UNITED STATES OF AMERICA. 553
 1  =  '  ¦
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
John Hancock of Massachusetts was elected to the The colo-
presidency of the congress. gl^at"
One of the first acts of this congress was the ap-Fhiiadei-
pointment of a committee to prepare a resolution for a lo'msf
general fast, which was reported on the tenth day of
June, agreed to, and published, as follows, viz. :
"As the Great Governor of the world, by his su
preme and universal providence, not only conducts the
course of nature with unerring wisdom and rectitude,
but frequently influences the minds of men to serve
the wise and gracious purposes of his providential gov
ernment ; and it being at all times our indispensable
duty devoutly to acknowledge his superintending prov
idence, especially in times of imminent danger and
public calamity, to reverence and adore his immutable
justice, as well as to implore his merciful interposition
for our deliverance :
"This congress, therefore, considering the present Recogni-
critical, alarming, and calamitous state of these colo-£°n.°? t
nies, do earnestly recommend that Thursday, the ity by pro-
twentieth day of July next, be observed by the inhab-f0r™a '",_;
itants of all the English colonies on this continent, eral fast-
as a day of public humiliation, fasting, and prayer;
that we may \rith united hearts and voices, un
feignedly confess and deplore our many sins; and
offer up our joint supplications to the All-wise, Omnip
otent, and merciful Disposer of all events, humbly
beseeching him to forgive our iniquities ; to remove
our present calamities ; to avert those desolating judg
ments with which we are threatened ; and to bless our
rightful sovereign, King George the third, and to in
spire him with wisdom to discern and pursue the true
interest of his subjects, that a speedy end may be put
to the civil discord between Great Britain and the
American colonies without further effusion of blood.
And that the British nation may be influenced to re
gard the things that belong to her peace, before they are
hid from her eyes; That these colonies may ever be

554 THE GOVERNMENTAL HISTORY OF
 * 
Fart III. origin and causes of the revolution.
The colo- under the Care and protection of a kind Providence,
nial con- an(j De pr0spered in all their interests ; that the divine
gress at -, ii
PhUadel- blessing may descend and rest upon all our civil rulers,
lo'ms^ an^ upon the representatives of the people in their
several assemblies and conventions, that they may be
directed to wise and effectual measures for preserving
the Union, and securing the just rights and privileges
of the colonies ; that virtue and true religion may
revive and flourish throughout our land ; and that all
America may soon behold a gracious interposition of
Heaven for the redress of her many grievances ; the
restoration of her invaded rights ; a reconciliation with
the parent state, on terms constitutional and honorable
to both; and that her civil and religious principles
may be secured to the latest posterity. And it is
recommended to christians of all denominations to
assemble for public worship, and to abstain from servile
a labour and recreation, on that day.
* of Con- "Ordered, That a copy of the above be signed by
greas, flie president, and attested by the secretary, and pub-
p. 117. lished in the newspapers and in handbills."*
Federal The most important matter which pressed upon the
sumed by" immediate attention, of the congress, related to the
Congress, raising and support of an army, and making prepara
tions for the general defence. This called for the
exercise of federative powers, for which no special
provision had been made in the credentials of mem
bers, and with which the congress had not been form
ally invested by the colonies. They therefore neces
sarily assumed the exercise of such prerogatives as the
exigencies of the nation, so to speak, imperatively
required. They accordingly enacted an army bill,
providing for the enlistment of troops, the construc
tion of forts at desirable points in the several colonies,
the supply of arms, munitions, and military stores, and
Issue and other appliances necessary for the general defence.
form of They also authorized the emission of bills of credit to
credit. the amount of $2,000,000, for the redemption of which

THE UNITED STATES OF AMERICA. 555
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
they pledged the faith of the United Colonies. TheThecoio-
form of these bills was thus : "ial con-
gress at
"Continental Currency. pM^May
No.  .  Dollars. 10' ivn-
" This bill entitles the bearer to receive * * * *
Spanish Milled Dollars, or the value thereof, in gold or
silver, according to the resolutions of the Congress, held
at Philadelphia, on the 10th day of May, A. D. 1T75."

The formation of the army, however, was not a Formation
matter unattended with difficulty. " The situation of ot. ? col°-
J nial army.
the troops already raised in New England, and now
actually besieging Boston, and which had been ten
dered to congress, became an early and absorbing con
sideration. It was without munitions of war, without The army
arms, clothing, or pay ; in fact, without legislative Bay."88
countenance or encouragement. Unless sanctioned
and assisted by the congress, there was danger of its
dissolution. If dissolved, how could another be col
lected ? If dissolved, what would there be to prevent
the British from sallying out of Boston, and spreading
desolation throughout the country ? All this was the * See i
subject of much discussion out of doors. But the w^Thing-
more difficult question was, "who should be com-ton-
mander-in-chief ? " *
Mr. Adams, in his diary, gives us glimpses of the who shall
conflict of opinions and interests within doors. " There be. c°m\
, r mantler-in-
was a southern party," he says, "which could not brook chief?
the idea of a New England army , commanded by a
New England general. Whether this jealousy was sin
cere, or whether it was mere pride, and a haughty
ambition of furnishing a southern general to command
the northern army, I cannot say; but the intention
was very visible to me, that Colonel Washington was
their object ; and so many of our staunchest men were
in the plan, that we could carry nothing without con- Embar-
ceding to it. There was another embarrassment, 0f the
which was never publicly known, and which was care- iuestion-

556 the governmental history of
Part III. origin and causes of the revolution.
The colo- fully concealed by those who knew it. The Massachu-
gress°at" setts and other New England delegates were divided.
PhUadel- Mr. Hancock and Mr. Cushing hung back. Mr. Paine
io,iai775ay did not come forward, and even Mr. Samuel Adams
was irresolute. Mr. Hancock himself had an ambition
Formation to be appointed commander-in-chief. Whether he
nial army, thought an election a compliment due to him, and
intended to have the honor of declining it, or whether
he would have accepted it, I know not. To the com
pliment he had some pretensions, for, at that time, his
exertions, sacrifices, and general merits in the cause
of his country, had been incomparably greater than
those of Colonel Washington. But the delicacy of his
health, and his entire want of experience in actual
service, though an excellent militia officer, were deci
sive objections to him in my mind.
Who shall » General Charles Lee was at that time in Philadel-
mander-in- phia. A former visit had made him well acquainted
chief? wi_]j flje leading members of congress. He was well
known to have manifested an active interest in the
cause of the- colonies, and the public had an almost
extravagant idea of his military quahfications. He
was of foreign birth, however, and it was deemed im
proper to confide the supreme command to any but a
native-bom American."
General "The opinion evidently predominated in favor of
in favor .of Washington ; yet it was promoted by no clique of par-
Washing- tizans or admirers. More than one of the Virginia
delegates were cool on the subject of his appointment,
and particularly Mr. Pendleton was clear and full
* Diary of. against it."* It is scarcely necessary to add, says
ams, vol. 2. Irving, " that Washington in this, as in every other
situation in life, made no step in advance to clutch the
impending honor."
Irving's " ^-r- Adams, m ms diary.' Claims the credit of bring-
Washing- ing the members of congrjyi to a decision. Rising in
' n' ' his place, one day, and stating brfefly, but earnestly,
the exigencies of the case, he moSed that congress

THE UNITED STATES OF AMERICA. ' 557
the commercial system of taxation. Part1 III.
should adopt the (New Englarid) army at Cambridge, The colo-
and appoint a general. Though this was not the time g__8_°t"
to nominate the person, 'yet,' he adds, 'as I had rea- Phiiadel-
son to believe this was a point of some difficulty, I had 10, ii>]5.
no hesitation to declare that I had but one gentleman
in my mind for that important command, and that was Formation
i o Tr- • • , ,01' the COlo-
a gentleman from Virginia, who was among us, and nial army;
very well known to all of us ; a gentleman whose skill ^^16^
and experience as an officer, whose independent for- er-in-chief.
tune, great talents, and excellent universal character,
would command the approbation of all America, and George
unite the cordial exertions of all the colonies, better tonnomT-
than any other person in the Union. Mr. Washington, nfate.d,by
,who happened to sit near the door, as soon as he heard
me allude to him, from his usual modesty, darted into
the library-room. Mr. Hancock, who was our presi- His nomi-
dent,. which gave me an opportunity to observe his natl?"e^ow
countenance ; while I was speaking on the state of the
colonies, the army at Cambridge, and the enemy, he
heard me with visible pleasure; but when I came to
describe Washington for the commander, I never re
marked a more sudden and striking change of counte
nance. Mortification and resentment were expressed
as forcibly as his face could exhibit them.
"When the subject came under debate, several dele
gates opposed the appointment of Washington, not from
personal objections, but because the army were all from
New England, and had a general of their own, Gen
eral Artemas Ward, with whom they appeared well sat- ^J^'8
isfied; and under whose command they had proved ton; John
themselves able to imprison the British army in Boston, Diary] yol
which was all that was to be expecte'd or desired."* 2.
The subject, however, was postponed, and further
deliberated and discussed until the fifteenth day of June,
when it was
"Resolved, That a general be appointed to com-^J"™11
mand all the continental forces raised, or to be raised, aneiection.

558 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- for the defence of American liberty. That five hundred
gress at" dollars per month be allowed for his pay and expenses."
Phiiadei- Whereupon the congress proceeded to the choice of
10,^775. a general, when George Washington, Esquire, was
Washing- unanimously elected, after which the congress ad-
ton plpptpii
general, journed to the sixteenth inst.
Friday, June sixteenth, 1775. The congress met pur-
Washing- suant to adjournment. The president, from the chair,
fied ofhfe informed Washington that he had the orders of the
election, congress to acquaint him that the congress had, by an
une ' unanimous vote, made choice of him to be General and
Commander-in-Chief, to take the supreme command of
the forces raised, and to be raised, in defence of Ameri
can liberty, and desired his acceptance of it.
To which Colonel Washington, standing in his place,
answered :
His accept- "Mr. President. Though I am truly sensible of the
anoe- high honor done me, in this appointment, yet I feel
great distress, from a consciousness that my abilities
and military experience may not be equal to the exten
sive and important trust. However, as the congress
desire it, I will enter on the momentous duty, and exert
every power I possess in their service, and for support
of the glorious cause. I beg they will accept my most
cordial thanks for this distinguished testimony of their
approbation. " But, lest some unlucky event should happen unfa
vorable to my reputation, I beg it may be remembered,
by every gentleman in the room, that I this day declare,
with the utmost sincerity, I do not think myself equal
to the command I am honored with.
" As to pay, Sirj I beg leave to assure the congress,
that as no pecuniary consideration could have tempted
me to accept this arduous employment, at the expense
of my domestic ease and happiness, I do not wish to
»2 Ameri.make any profit from it. I will keep an exact account
canAr- of my expenses. Those, I doubt not, they will discharge,
1848. ' and that is all I desire.*

THE UNITED STATES OF AMERICA. . 559
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
Mr. Lee, Mr. E. Rutledge, and Mr. J. Adams, were The colo-
then appointed a committee to draft a commission g__Bsat*
and instructions for the general; which were subse-Pnaa(iel-
,. , , -,-,-,„,-. P^8! May
quently reported and adopted as follows : io, 1775.
"In Congress. — The Delegates of The United Colo- Committee
nies of New Hampshire; Massachusetts Bay; Rhode _i011i _;0>
Island; Connecticut; New York; New Jersey; Penn
sylvania; the counties of New Castle, Kent and Sussex ^ePort of
_^^^ tne com*
on Delaware ; Maryland ; Virginia ; North Carolina and mittee.
South Carolina; in congress assembled.
"To George Washington, Esq.:
"We, reposing special trust and confidence in your The com-
patriotism, valour, conduct and fidelity, do, by these _^p___M
presents, constitute and appoint you to be General and
Commander-in-Chief of the army of the United Colo
nies, and of all the forces now raised, 6r to be raised,
by them, and of all others who shall voluntarily offer
their service and join the said army for the defence of
American liberty, and for repelling every hostile inva
sion thereof. And you are hereby vested with full
power and authority to act as you shall think for the
good and welfare of the service.
" And we do hereby strictly charge and require all
officers and soldiers under your command, to be obedi
ent to your orders, and diligent in the exercise of their
several duties.
" And we do also enjoin and require you to be care
ful in executing the great trust reposed in you, by caus
ing strict discipline and order to be observed in the
army ; and that the soldiers be duly exercised, and pro
vided with all convenient necessaries. And you are to
regulate your conduct in every respect by the rules and
discipline of war (as herewith given you) and punctu
ally to observe and follow such orders and directions,
from time to time, as you shall receive from this or a
future congress of these United Colonies, or Committee
of congress.

560 the governmental history of
Part III. origin and causes of the revolution.
The colo- " This commission to continue in force until revoked
gress at" Dy this or a future congress.
Phiiadei- " By order of the congress.
io,iai775.y " Philadelphia, June 17, 1775."
Formationof the colo- Immediately on the. adoption of this report of the
committee, and ordering it to be engrossed and deliv
ered to the general, it was further
toadhere1 " Rbsolved unanimously, upon the question, Whereas,
to the com- the delegates of all the colonies, from Nova Scotia to
mander-in- .-, i i j 1 1
chief. Georgia, in congress assembled, have unanimously
chosen George Washington, Esq., to be general and
commander-in-chief of such forces as are, or shall be,
raised for the maintenance and preservation of Ameri
can liberty; this congress doth now declare that they
will maintain and assist him, and adhere to him, the
said George Washington, Esq., with their lives and for-
Electionof . . ,, „
other army tunes in the same cause.
officers. ij;he congress then proceeded to the choice of other
officers in the army, by ballot, when Artemas Ward,
Esq., was chosen first major-general.
Horatio Gates, Esq., adjutant-general with the rank
of a brigadier-general.
Charles Lee, Esq., second major-general.

Instructions to General Washington.
Instruc- °
tions to " To George Washington, Esq. :
mander-in- " This congress having appointed you to be general
chief. an(j commander-in-chief of the army of the United
Colonies, and of all the forces raised or to be raised by
them, and of all others who voluntarily offer their ser
vice and join the said army for the defence of American
liberty, and for repelling every hostile invasion thereof,
you are to repair with all expedition to the colony of
Massachusetts Bay and take charge of the army of the
united colonies. For your better direction,
To make "1. You are to make a return to us as soon as possi-
forces.8 ° D*e °f all forces Which you shall have under your com
mand, together with their military stores and provisions.

THE UNITED STATES OF AMERICA. 561
the commercial system of taxation. Part HI.
And also, as exact an account as you can obtain of the The colo-
forces which compose the British army in America. gralSg tt"
" 2. You are not to disband any of the men you find Phiiadel-
raised, until further direction from this congress ; and _7?_. ay'
if you shall think their numbers not adequate, to the To recruit
purpose of security, you may recruit them to a number
you shall think sufficient, not exceeding double that of
the enemy.
" 3. In all cases of vacancy occasioned by the*death or To fill
removal of a colonel, or other inferior officer, you are Taoancies'
by brevet, or warrant under your seal, to appoint
another person to fill up such vacancy, until it shall
otherwise be ordered by the provincial convention, or
the assembly of the colony from whence the troops in
which such vacancy happen shall direct otherwise.
" 4. You-are to victual, at the continental expense, all To victual
such volunteers as have joined or shall join the united v0 unteers-
army. " 5. You shall take every method in your power, con- To destroy
sistent with prudence, to destroy or make prisoners of the enemy-
all persons who now are or hereafter shall appear in
arms against the good people of the united colonies.
" 6. And whereas, all particulars cannot be foreseen, Discretion-
nor positive instructions for such emergencies so before- ary ma°"
r ° agement.
hand given, but that many things must be left to your
prudent and discreet management, as occurrences may
arise upon the place, or from time to time fall out, you
are, therefore, upon all such accidents, or any occa
sions that may happen, to use your best circumspec
tion; and (advising with your council of war,) to
order and dispose of the said army under your com
mand as may be most advantageous for the obtaining
the end for which these forces have been raised, making
it your special care, in discharge of 4he great trust * s Am.
committed to you that the liberties of America receive issi.1 '
no detriment."*
At the request of General Washington, the congress tfjj££rui
increased the number of brigadier-generals to eight, chosen.
,36

562 THE GOVERNMENTAL history of
Part III. origin and causes of the revolution.
The colo- chosen as follows: — Seth Pomeroy, first; Richard
gress at Montgomery, second ; David Wooster, third ; William
Phiiadei- Heath, fourth ; Joseph Spencer, fifth ; John Thomas,
10 1775. sixth ; John Sullivan, seventh ; Nathaniel Greene,
eighth ; to receive their commissions through the hands
*Ibid. of the general.*

It is not within the scope of my design in this work,
to, enter further into detail as to the formation of the
continental army, or to note the military operations
General directed by the congress during the progress of the
mental" revolution. I refer to them thus far at this period sim-
powers as- ply as illustrative of the supreme administrative and
exercised legislative powers which were exercised by the colonial
by lt- congress, without any formal delegation of such pre
rogatives to that body by the colonies, beyond the ap-
Its politi- pointment of delegates to the convention which corn
eal aspects. r - ° .
posed it. It was the initial revolutionary condition
in their governmental history which preceded, and
eventually produced the necessity of, a more substan
tial national organization. There probably never was
an exercise of the prerogatives of sovereignty more
complete or supreme, than that now assumed by this
colonial congress: It really and virtually placed a
whole continent in arms, and subjected the whole
American people, as it were, to martial law. The fact
that it thus assumed to itself, and exercised, these attri
butes of sovereignty while the colonies themselves were
yet acknowledged dependencies upon the British crown,
is worthy of especial remembrance. Its importance as
a matter of veritable historical record will be more
apparent, when we come to treat of that portion of our
governmental history which is embraced in the fourth
part of this work. In this connection, too, one of the
most important acts of the congress, was the adoption
of a manifesto setting forth the causes which had com
pelled them to resort to arms. It was reported by a
committee appointed for the purpose, debated by para
graphs, and adopted July sixth, 1775, as fellows, viz. :

THE united STATES OF AMERICA. . 563
the commercial system of taxation. Part III.
"A Declaration by the representatives of the United The coio-
Colonies of North America, now met in congress at n__gg° _"
Philadelphia, setting forth the causes and necessity q/"Phiiadel-
their taking up arms : logins7
"If it were possible for men who exercise their rea- Manifesto
son to believe that the Divine Author of our existence °° a^°s
intended a part of the human race to hold an absolute adopted
• -,-,-,-, , in July 6th'
property in, and unbounded power over others, marked
out by his infinite goodness and wisdom, as the objects
of a legal domination, never rightfully resistible, how
ever severe and oppressive ; the inhabitants of these
colonies might at least require from the parliament of
Great Britain, some evidence that this dreadful author
ity over them had been granted to that body ; but a
reverence for our Great Creator, principles of human
ity, and the dictates of common sense, must convince
all those who reflect upon the subject, that government
was instituted to promote the welfare of mankind, and
ought to be administered for the attainment of that
end. The legislature of Great Britain, however, stirn- Oppres-
ulated by an inordinate passion for power, not only deSgnlTof
unjustifiable, but which they know to be peculiarly pariia-
reprobated by the very constitution of that kingdom ;
and despairing of success in any mode of contest,
where regard should be had to law, truth, or right ;
have at length, deserting those, attempted to effect
their cruel and impolitic purpose of enslaving these
colonies by violence, and have thereby rendered it nec
essary for us to close with their last appeal from reason
to arms. Yet, however blinded that assembly may be
by their intemperate rage for unlimited domination, so
to slight justice in the opinion of mankind, we esteem
ourselves bound by- obligations to the rest of the world
to make known the justice of our cause. Thesettle-
" Our forefathers,inhabitants of the island of Great Brit- America.
ain, left their native land, to seek on these shores a resi
dence for civil and religious freedom. At the expense of
their blood at the hazard of their fortunes, without the

564 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- least charge to the country from which they removed,
gress at hy unceasing labour and an unconquerable spirit, they
Phiiadei- effected settlements in the distant and inhospitable
phia, May r
in, 1775. wilds of America, then filled with numerous and war-
Manifesto ]i]_e nations of barbarians. Societies or governments,
op arms, vested with perfect legislatures, were formed under
JulPt6th cnarters fr°m the crown, and an harmonious inter
course was established between the colonies and the
kingdom from which they derived their origin.
" The mutual benefits of this union became in a short
time so extraordinary as to excite astonishment. It is
universally confessed that the amazing increase of the
wealth, strength, and navigation of the realm, arose
from this source ; and the minister, who so wisely and
Benefits successfully directed the measures of Great Britain in
England'0 tne late war, publicly declared that these colonies
from the enabled her to triumph over her enemies. Towards
the conclusion of that war, it pleased our sovereign to
make a change in his councils. From that fatal mo
ment, the affairs of the British empire began to fall
into confusion, and, gradually sliding from the summit
of glorious prosperity to which they had been advanced
by the virtues and abilities of one man, are at length
distracted by the convulsions that now shake it to its
Conduct of deepest foundations. The new ministry finding the
towa?dythebrave *°es °^ Britain, though frequently defeated, yet
colonies. stiH contending, took up the unfortunate idea of grant
ing them a hasty peace, and then subduing her faithful
friends. These devoted colonies were judged to be in
such a state as to present victories without bloodshed,
and all the easy emoluments of statutable plunder.
The uninterrupted tenor of their peaceable and respect
ful behaviour from the beginning of colonization ; their
dutiful, zealous, and useful services during the war,
though so recently and amply acknowledged in the
most honorable manner by his majesty, by the late king,
and by parliament, could not save them from the medi
tated innovations. Parliament was influenced to adopt

THE UNITED STATES OF AMERICA. 565
THE COMMERCIAL SYSTEM OF TAXATION. PART HL
the pernicious project, and, assuming a new power over The colo-
them, have in the course of eleven years given such mal c<m"
decisive specimens of the spirit and consequences Phiiadel-
attending this power, as to leave no doubt concerning \01&iii _f
the effects of acquiescence under it. They have under- Manifesto
taken to give and grant our money without our consent, _" arm'"2
though we ever exercised an exclusive right to dispose adopted
of our own property ; statutes have been passed for ex
tending the jurisdiction of courts of admiralty and
vice admiralty beyond their ancient limits ; for depriv
ing us of the accustomed and inestimable privilege of
trial by jury in cases affecting both life and property.; Infringe-
for suspending the legislature of one of the colonies ; __^_ieir
for interdicting all commerce to the capital of another ; rights by
and for altering fundamentally the form of government ment!"
established by charter* and secured by acts of its own
legislature solemnly confirmed by the crown ; for ex
empting the "jtnurderers " of colonists from legal trial,
and in effect, from punishment ; for erecting in a neigh
boring province, acquired by the joint arms of Great
Britain and America, a despotism dangerous to our
very existence ; and for quartering soldiers upon, the
colonists iii time of profound peace. It has also been
resolved in parliament, that colonists charged with
committing certain offences, shall be transported to
England to be tried.
"But why should we enumerate our injuries inEnumera-
detail ? By one statute it is declared, that parliament ^iT"£ of"
can ' of right make laws to bind us in all cases w;Aafco-actsofpar-
ever.' What is to defend us against so enormous, so
unlimited a power ? Not a single man of those who
assume it, is chosen by us ; or is subject to our control
or influence ; but oil the contrary they are all of them
. exempt from the operation of such laws ; and an Amer
ican revenue, if not diverted from the ostensible pur-Thereve-
poses for which it is raised, would actually lighten ™| P^1^
their own burdens in proportion as they increase ours, forcement.
We saw the misery to which such despotism would

566 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- reduce us. We for ten years incessantly and ineffeCt-
gressat" ua^v besieged the throne as supplicants; we reasoned,
PhUadel- we remonstrated with parliament in the most mild and
' uvmsf decent language. Administration, sensible that we
Manifesto should regard these oppressive measures as freemen
uparmsf ought to do, sent over fleets and armies to enforce
adopted them. The indignation of the Americans was roused,
July 6th. .
lt is true ; but it was the indignation of a virtuous,
loyal, and affectionate people. A congress of delegates
*The coio-froni the united colonies was assembled at Philadelphia
nial con- on ^ie nf_n day 0f jas_ September.* We resolved again
1774. to offer an humble and dutiful petition to the king,
and also addressed our fellow subjects of Great Britain.
We have pursued every temperate, every respectful
measure ; we have even proceeded to break off our
commercial intercourse with our fellow subjects as the
last peaceable admonition, that our attachment to no
nation on earth would supplant our attachment to lib
erty. This we flattered ourselves was the ultimate
step of the controversy,"but subsequent events have
shown how vain was this hope of finding moderation in
our enemies. Several threatening expressions against
the colonies were inserted in his majesty's speech : Our
petition, though we were told it was a decent one, and
that his majesty had been pleased to receive it gra
ciously, and to promise laying it before his parliament,
was huddled into both houses among a bundle of Amer
ican papers, and there neglected. The Lords and Com-'
mons in their address in the month of February, said,
that ' a rebellion at that time actually existed in the
province of Massachusetts Bay, and that those con-
Massachu- Cerned in it had been countenanced and encouraged
de'daredto'by unlawful combinations, and engagements entered
be in a jnto by his majesty's subjects in several of the colonies,
rebellion, and therefore they besought his majesty that he would
take the most effectual measures to enforce due obe
dience to the laws and authority of the supreme legis-
- lature.'"

THE UNITED STATES OF AMERICA. 567
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
" Soon after, the commercial intercourse of whole The colo-
colonies with foreign countries was cut off by an act of £_j?8s at"
parliament ; by another, several of them were entirely Phiiadel-
prohibited from the fisheries in the seas near their _o, 1775.
coasts, on which they always depended for their sub- Manifesto
sistence ; and large reinforcements of ships and troops up armai
were immediately sent over to General Gage. Fruit- a^?Pte^
less were all the entreaties, arguments, and eloquence
of an illustrious band of the most distinguished peers
and commoners, who nobly and strenuously asserted
the justice of our cause, to stay, or even to mitigate,
the heedless fury, with which these accumulated out
rages were hurried on. Equally fruitless was the in
terference of the city of London, of Bristol, and many
other respectable towns in our favor. Parliament
' adopted an insidious manoeuver calculated to divide us,
to establish a perpetual auction of taxations, where
colony should bid against colony, all of them unin
formed what ransom would redeem their lives ; and Acts for
thus to extort from us, at the point of the bayonet, the the com-S
unknown sums that would be sufficient to gratify, if meroiai
. . policy of
possible to gratify, ministerial rapacity, with the miser- taxation.
able indulgence left to us of raising, in our own mode,
the prescribed tribute. What terms more rigid and hu
miliating could have been dictated by remorseless vic
tors to conquered enemies ? In our circumstances to
accept them, would be to deserve them.
" Soon after the intelligence of these proceedings ar- Move-
rived on this continent, General Gage, who in them<mtJa°f
course of the last year had taken possession of Boston, Gage in
in the province of Massachusetts Bay, and still occu- os on'
pied it as a garrison, on the nineteenth day of April,
sent out from that place a large detachment of his army,
who made an unprovoked assault on the inhabitants of
the said province, at the town of Lexington — as ap- The con-
pears by the affidavits of a great number of persons, flictatLe*.
some of whom were officers and soldiers of that de-j?s^rand
tachment — murdered eight of the inhabitants, and

568 the governmental history of
Part III. origin and causes of the revolution.
The colo- wounded many others, From thence the troops pro
gress at" cee(ied in warlike array to the town of Concord, where
PhUadel- they set upon another party of the inhabitants of the
lo^iiiY. same province, killing several and wounding more,
Manifesto until compelled to retreat by the country people, sud-
up arms5 denly assembled to repel this cruel aggression. Hos-
adopted tilities thus commenced by the British troops, have been
July 6th. . -i , „ . , , n . .
since prosecuted by them without regard to faith or
reputation. The inhabitants of Boston being confined
within that town, by the general their governor, and
having, in order to procure their dismission, entered
into a treaty with him ; it was stipulated that the said
inhabitants, having deposited their arms with their own
magistrates, should have liberty to depart, taking with
them their own effects. They accordingly delivered
up their arms, but in open violation of honor, in defi
ance of the obligation of treaties, which even savage
nations esteem sacred, the governor ordered the arms,
deposited as aforesaid that they might be preserved for
their owners, to be seized by a body of soldiers, de
tained the greatest part ofthe inhabitants in the town,
and compelled the few who were permitted to retire,
to leave their most valuable effects behind. By this
Perfidy of perfidy, wives are separated from their husbands, chil-
dren from their parents, the aged and sick from their
relations and friends who wish to attend and comfort
them ; and those who have been used to live in plenty,
and even elegance, are reduced to deplorable distress :
His proc- The general, further emulating his ministerial masters,
agXT b7 a proclamation bearing date on the twelfth day of
Mass. Bay. June, after venting the grossest falsehoods and calum
nies against the good people of these colonies, proceeds
to declare them all, either by name or description, to be
rebels and traitors ; to supersede the course of the com
mon law, and instead thereof to publish and order the
Butcheries use of the law martial. His troops have butchered our
countrymen, have wantonly burnt Charlestown, besides
a considerable number of houses in otlier places ; our

tions.

THE UNITED STATES OF AMERICA. 569
THE COMMERCIAL SYSTEM OF TAXATION. PART IIL
ships and vessels are seized ; the necessary supplies of The colo-
provisions are intercepted ; and he is exerting his ut- gress3 at"
most power to spread destruction and devastation pwiadei-
around him. We have received certain intelligence, 10, 1775.
that General Carleton, the governor of Canada, is in- Manifesto
. . ' on taking
stigating the people of tliat province, and the Indians, up arms,
to fall upon us ; and we have but too much reason to Ju°y ^th,
apprehend that schemes have been formed to excite Combina-
~ domestic enemies against us. In brief, a part of these Jh°enp^\
colonies now feel, and all of them are sure of feeling, and in-
as far as the vengeance of administration can inflict an3-
them, the complicated calamities of fire, sword, and
famine. " We are reduced to the alternative of choosing an The neces-
unconditional submission to the tyranny of irritated ?ity?f arm-
ministers, or resistance by force. The latter is ourfencel
choice. We have counted the cost of this contest, and
find nothing so dreadful as voluntary slavery. Honor,
justice, and humanity, forbid us tamely to surrender
that freedom which we received from our gallant an
cestors, and which our innocent posterity have a right
to receive from us. We cannot endure the infamy and
guilt of resigning succeeding generations to that wretch
edness which inevitably awaits them, if we basely entail
hereditary bondage upon them. Our cause is just.
Our union is perfect. Our internal resources are great,
and, if necessary, foreign assistance is undoubtedly at
tainable. We gratefully acknowledge as signal instan- Reco»ni-
ces of the Divine favour towards lis, that his providence *"?? of and
would not permit us to be called into this severe con- upon Prov-
troversy, until we were grown up to our present ce'
strength, had been previously exercised in warlike oper
ations, and possessed of the means of defending our
selves. With hearts fortified with these animating re
flections, we most solemnly, before God and the world,
declare, that, exerting the utmost energy of those
powers which our beneficent Creator hath graciously
bestowed upon us, the arms which we have been com-

570 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolutionT
The colo- pelled by our enemies to assume, we will, in defiance
gressat' °f every hazard, with unabating firmness and persever-
Phiiadel- ance, employ for the preservation of our liberties;
10, 177s. being with one mind resolved to die as freemen rather
Manifesto than to live as slaves.
uparmsf " Lest this declaration should disquiet the minds of
Jul P6th om ^en^s an<^ fellow-subjects in any part of the em
pire, we assure them that we mean not to dissolve that
union which has so long and so happily subsisted be
tween us, and which we sincerely wish to see restored.
Necessity has not yet driven us into that desperate
measure, or induced us to excite any other nation to
war against them. We have not raised armies with
ambitious designs of separating from Great Britain,
They do and establishing independent states. We fight #ot for
independ- gl°ry or f°r conquest. We exhibit to mankind the re-
ence. markable spectacle of a people attacked by unprovoked
enemies, without any imputation or even suspicion of
offence. They boast of their privileges and civilization,
and yet proffer no milder conditions than servitude or
death. In our own native land ; in defence of the
freedom that is our birth-right, and which we ever
enjoyed till the late violation of it ; for the protection
of our property, acquired solely by the honest industry
of our forefathers and ourselves; against violence ac
tually offered ; we have taken up arms. We shall lay
them down when hostilities shall cease on the part of
the aggressors, and all danger of their being renewed
Conclu- shall be removed, and not before. With an humble
confidence in the mercies of the supreme and impartial
Judge and Ruler of the universe, we most devoutly im
plore his Divine goodness to protect us happily through
this great conflict, to dispose our adversaries to recon
ciliation on reasonable terms, and thereby to relieve
the empire from the calamities of civil war."

Such were the sublime and exalted motives which
influenced the representatives of the American people

THE UNITED STATES OF AMERICA. 571
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
in the deliberations of this congress, and such the causes The coio-
which arrayed the colonies in arms against their mother j",*^ °n"
country. They had now arrived near to that crisis PhUadel-
which was to define more positively their position, and xo^iYTef
settle for ever their relations with the parent state and
with each other. Although the idea of a total separa
tion of themselves from all dependence upon the crown
of Great Britain, had 'been entertained in the provin
cial assemblies of some few of the colonies, the ques
tion was not yet agitated in the congress, nor does it
seem to have been anticipated, certainly not desired or Separation
sought for by them, at this session. This is apparent l^^*!
not only from the foregoing manifesto, but also from aimed at.
all their other proceedings. Their renewed appeals to
the king, and to the people of Great Britain, contain
the strongest, most earnest, and unequivocal assuran
ces of allegiance. These, it is true, were not adopted
without opposition, still that opposition did not have
its origin in any aim or desire for separation. Those
opposed to these measures contended, " that the last
petition of the congress to the king, contained all that
their unhappy condition could suggest. It represented
their grievances, implored redress, and professed their
readiness to contribute to the general want, to the ut
most of their abilities, when constitutionally required.
But the ungracious reception of their petitions by the
king, by ministry, and by parliament, seemed to close
the door against further approach to them." They They unite
united, however, in another petition to his majesty and inet^ir*m'
another address to the people of Great Britain. As the crown.
important state papers, which mark their progress dur
ing the transition period of our governmental history,
these documents become a.part of this work, and can
not fail to interest and instruct the reader.
The petition to the king, being engrossed, was com- Petition to
pared at the table, and signed by the several members, ^J^'
Saturday, July eighth, 1775. It reads as follows, viz. : July 8th.

572 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
-fiial con°" " TO THE KlNG'S MOST EXCELLENT MAJESTY.
PhUadel- " Most Gracious Sovereign :
phia May " We, y0ur majesty's faithful subjects of the colonies
Petition to °^ -^ew Hampshire ; Massachusetts Bay ; Rhode Island
the king, and Providence Plantations ; Connecticut ; New York ;
July 8th. New Jersey ; Pennsylvania ; the counties of New Cas
tle, Kent and Sussex, on Delaware ; Maryland ; Vir
ginia ; North Carolina and South Carolina ; in behalf
of ourselves and the inhabitants of these colonies, who
have deputed us to represent them in general congress,
entreat your majesty's gracious attention to this our
humble petition.
Benefits of "The union between our mother country and these
with Great c°lonies, and the energy of mild and just government,
Britain, produced benefits so remarkably important, and afforded
such an assurance of their permanency and increase, that
the wonder and envy of other nations were excited,
while they beheld Great Britain rising to a power the
most extraordinary the world had ever known.
" Her rivals, observing that there was no probability
of this happy connection being broken by civil dissen
sions, and apprehending its future effect if left any
longer undisturbed, resolved to prevent her receiving
such continual and formidable accessions of wealth and
strength, by checking the growth of these settlements
from which they were to be derived.
" In the prosecution of this attempt, events so unfa
vorable to the design took place, that every friend to
the interest of Great Britain arid these colonies, enter
tained pleasing and reasonable expectations of seeing
an additional force and exertion immediately given to
the operations of the union hitherto experienced, by
an enlargement of the dominions of the crown, and the
Services of removal of ancient and warlike enemies to. a greater
nie^e ^ance.
French "At the conclusion, therefore, of the late war,* the
WAT * 1763. most glorious and advantageous that had ever been

THE UNITED STATES OF AMERICA. '573
THE COMMERCIAL SYSTEM OF TAXATION, PART III.
carried on by British arms ; your loyal colonists hav- The coio-
ing contributed to its success by such repeated and ^"Ls at"
strenuous exertions as frequently procured them the Fhiiadei-
distinguished approbation of your majesty, of the late lo^ms^
king,- and of parliament, doubted not but that they
should be permitted, with the rest of the empire, to Petition to
share in the blessings of peace, and the emoluments of adopted'
victory and conquest. JulT 8th-
" While these recent and honorable acknowledgments
of their merits remained on record in the journals and
acts of that august legislature, the parliament, unde-
faced by the imputation or even the suspicion of any
offence, they were alarmed by a new system of statutes
and regulations adopted for the administration of the
colonies, that filled their minds with the most painful Revenue
fears and jealousies ; and, to their inexpressible aston- sJste? of
ishment, perceived the danger* of a foreign quarrel
quickly succeeded by domestic danger, in their judg
ment of a ihore dreadful kind.
"Nor were these anxieties alleviated by any tendency injurious
in this system to promote the welfare of their mother *£ .<fr.eat
country. For though its effects were more immediately
felt by them, yet it's influence appeared to be injurious
to the commerce and prosperity of Great Britain.
"We shall decline the ungrateful task of describing Conduct of
the irksome variety of artifices produced by many of *he .mi°js-
your majesty's ministers, the delusive pretences, fruit- premises,
less terrors, and unavailing severities, that have, from
time to time, been dealt out by them, in their attempts
to execute this impolitic plan,, er of tracing, through a
series of years past, the progress of the unhappy differ
ences between Great Britain and these colonies, that
have flowed from this fatal source.
" Your majesty's ministers, persevering in their compelled
measures, and proceeding to open hostilities for en-toarmil1
forcing them, have compelled us to arm in our own fence.
defenee, and have engaged us in a controversy so pe
culiarly abhorrent to the affections of your still faithful

574 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the' revolution.
The colo- colonists, that when we consider whom we must oppose
mal con- }n ^g contest, and, if it continues, what may be the
PhUadel- consequence, our own particular misfortunes are ac-
K>ia_775ay counted by us only as parts of our distress.
Petition to "Knowing to what violent resentments, and incura-
adoptTI ' D^e animosities, civil discords are apt to exasperate and
July 8th. inflame the contending parties, we think ourselves
Deplore required, by indispensable obligations to Almighty
1116 D.GC6S- _. _ . /» ti i ¦ -i
sityofself-God, to your majesty, to our fellow-subjects, and to
defence. ourSelves, immediately to use all the means in our
power, not incompatible with our safety, for stopping
the further effusion of blood, and for averting the
impending calamities that threaten the British Empire.
Their re- " Thus called upon to address your majesty on affairs
___ majee. of such moment to America, and probably to all your
tT- dominions, we are earnestly desirous of performing
this office with the utmost deference for your majesty ;
and we therefore pray your majesty's royal magnanim
ity and benevolence may make the most favorable con
struction of our expressions on so uncommon an
occasion. Could we represent in their full force the
sentiments that agitate the minds of us your dutiful
subjects, we are persuaded your majesty would ascribe
any seeming deviation from reverence in our language,
and even in our conduct, not to any reprehensible
intention, but to .the impossibility of reconciling the
usual appearances of respect with a just attention to
our own preservation against those artful and cruel
enemies who abuse your royal confidence and author
ity, for the purpose of effecting our destruction.
Attach- * "Attached to your majesty's person, family, and
thTcrown. government, with all the devotion that principle and
affection can inspire ; connected with Great Britain by
the strongest ties that can unite societies, and deplor
ing every event that tends in any degree to weaken
Perpetual them ; we solemnly assure your majesty, that we not
union to oniy most ardently desire the former harmony between
the crown , ,
desired, her and these colonies may be restored, but that con-

THE UNITED STATES OF AMERICA. 575
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
cord may be established between them upon so firm a The coio-
basis, as to perpetuate its blessings, uninterrupted by g^g at"
any future dissensions, to succeeding generations inPMadei-
... phia, May
both countries ; and to transmit your majesty s name 10, 17175.
to posterity, adorned with that signal and lasting glory
that has attended the memory of those illustrious per-^^?1**0
sonages, whose virtues and abilities have extricated adopted
states from dangerous convulsions, and, by securing y
happiness to others, have erected, the most noble and
durable monuments to their own fame.
"We beg leave further to assure your majesty, that Reassuran-
notwithstanding the sufferings of your loyal colonists ^_,__e. e'
during the course of this present controversy, our
breasts retain too tender a regard for the kingdom
from which we derive our origin, to request such a
reconciliation as might in any manner be inconsistent
with her dignity or her welfare. These, related as we
are to her, honor and duty, as well as inclination,
induce us to support and advance ; and the apprehen
sions that now oppress our hearts with unspeakable
grief being once removed, your majesty will find your
faithful subjects on this continent ready and willing at
all times, as they have ever been, with their lives and
fortunes, to assert and maintain the rights and inter
ests of your majesty, and of our mother country. We
therefore beseech your majesty, that your royal author- £raI.for,
ity and influence may be graciously interposed to pro-interfer-
cure us relief from our afflicting fears and jealousies, ence"
occasioned by the system before mentioned, and to
settle peace through every part of your dominions ;
with all humility submitting to your majesty's wise
consideration, whether it may not be expedient for
facilitating those important purposes, that your majesty
be pleased to direct some mode by which the united
applications of your faithful colonists to the throne, in
pursuance of their common councils, may be improved
into a happy and permanent reconciliation ; and that,
in the mean time, measures may be taken for prevent-

576 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- ing the further destruction of the lives of your majes-
eress at" ty's subjects ¦; and that such statutes as more immedi-
PMiadei- ately distress any of your majesty's colonies may be
io,1 \115J repealed. For by such arrangements as your majesty's
wisdom can form for collecting the united sense of
your American people, we are convinced your majesty
would receive such satisfactory proofs of the disposi
tion of the colonists toward their sovereign and parent
state, that the wished for opportunity would soon be
restored to them, of evincing the sincerity of their
professions, by every testimony of devotion becoming
the most dutiful subjects and the most affectionate col
onists.
Conclusion "That your majesty may enjoy a long and pros-
tHio^to6" Perous reign, and that your descendants may govern
the king, your dominions with honor to themselves and happi
ness to their subjects, is our sincere prayer."

The address to the inhabitants of Great Britain was
read before the congress on the same day, debated by
paragraphs, and approved, as follows, viz. :
* Georgia "THE TWELVE UNITED COLONIES,* BY THEIR DELEGATES
sentea!"'6" IN CONGRESS, TO THE INHABITANTS OF GREAT BRITAIN:
Address to "Friends, Countrymen, and Brethren! By these,
itants^r an(^ ky every other appellation that may designate the
Great Brit- ties which bind us to each other, we entreat your
ed July 8th! seri°us attention to this our second attempt to prevent
their dissolution. Remembrance of former friendships,
pride in the glorious achievements of our common
General in- ancestors, and affection for the heirs of their virtues,
ap° "1 ory have hitherto preserved our mutual connection; but
when that friendship is violated by the grossest inju
ries ; when the pride of ancestry becomes our reproach,
and we are no otherwise allied than as tyrants and
slaves ; when reduced to the melancholy alternative
of renouncing your favor or our freedom, can we hesi
tate about the choice ? Let the spirit of Britons de
termine.

THE UNITED STATES OF AMERICA. 577
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
"In a former address* we asserted our rights, and The cold-
stated the injuries we had then received. We hoped g_jfss at"
that the mention of our wrongs would have roused Phiiadei-
that honest indignation which has slept too long for i0) {775;
your honor, or the welfare of the Empire. But we^dd^n3,_?
have not been permitted to entertain this pleasing ex- tants of
pectation. Every day brought an accumulation of a;neaa_0p_!
injuries, and the invention of the ministry has been ed July
constantly exercised, in adding to the calamities of * B' ft
your American brethren. congress
... of 1774
"After the most valuable right of legislation was
infringed; when the powers assumed by your parlia
ment, in which we are not represented, and from our
local and other circumstances cannot properly be rep
resented, rendered our property precarious ; after being
denied that mode of trial to which we have long been m, .
, Their op-
indebted for the safety of our persons, and the preser- pressions
vation of our liberties ; after being, in many instances, _gara_^e
divested of those laws which were transmitted to us by
our common ancestors, and subjected to an arbitrary
code, compiled under the auspices of Roman tyrants;
after those charters wliich encouraged our predecessors
to brave death and danger in every shape, on unknown
seas, in deserts unexplored, amidst barbarous and inhos
pitable nations, were annulled ; when, without the form
of trial, without a public accusation, whole • colonies
were condemned, their trade destroyed, their inhabit
ants impoverished; when soldiers were encouraged to
imbrue their hands in the blood of Americans, by offers
of impunity ; when new iriodes of trial were instituted
for the ruin of the accused, where the charge carried
with it the horrors of conviction; when a despotic
government was established in a neighbouring province,! t Canada.
and its limits extended to every of our frontiers; we
little imagined that anything could be added to this
black catalogue of unprovoked injuries: But we have
unhappily been deceived, and the late measures of the
37

578 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- British ministry fully convince us that their object is
gress at tlie reduction of these colonies to slavery and ruin.
Phiiadei- «qi0 con_rm this assertion, let us recall your atten-
phia, May , ' J
10, 1775. tion to the affairs of America since our last address.
the inhabu -^et us comDat the calumnies of our enemies, and let
tants of us warn you of the dangers that threaten you in our
ain, adopt- destruction. Many of your fellow-subjects, whose situ-
8thJuly ati°n deprived them of other support, drew their main-
Designs of tenance from the sea ; but the deprivation of our liberty
ministry, being insufficient to satisfy the resentment of our ene-
developed
since the mies, the horrors of famine were superadded, and a
dresser ad" British parliament, who, in better times, were the pro-
Depriva- tectors of innocence and the patrons of humanity, have,
tion of the without distinction of age or sex, robbed thousands of
the food which they were accustomed to draw from that
inexhaustible source, placed in their neighbourhood by
the benevolent Creator.
Restraints " Another act of your legislature shuts our ports, and
upon trade. pronibits our trade with any but those states from whom
the great law of self-preservation renders it absolutely
necessary that we should at present withhold our com
merce. But this act (whatever may have been its de
sign) we consider rather as injurious to your opulence
Cessation than our interest. All our commerce terminates with
merce1' y°u> anc* the wealth we procure for other nations, is
soon exchanged for your superfluities. Our remittances
must then cease with our trade, and our refinements
with our affluence. We trust, however, that laws which
deprive us of every blessing, but a soil that teems with
the necessaries of life and that liberty which renders
the enjoyment of them secure, will not relax our vigor
in their defence.
"We might here observe on the cruelty and incon
sistency of those, who, while they publicly brand us
with reproachful and unworthy epithets, endeavor to
Military deprive us of the means of defence, by their interposi-
Ks!a" ^on w*th foreign powers, and to deliver us to the law
less ravages of a merciless soldiery. But happily we

THE UNITED STATES OF AMERICA. 579
the commercial system of taxation. Part III.
are not without resources, and though the timid and The colo-
humiliating applications of a British ministry should greSstt"
prevail with foreign nations, yet industry, prompted by pAila<J?1"
necessity, will not leave us without the necessary sup- 10, 1775.
nliVs Address to
Plles- the inhabi-
" We could wish to go no further, and, not to wound tants of
the ear of humanity, leave untold those rigorous acts ain^adopt-
of oppression, which are daily exercised in the town of |d, Jmy
Boston, did we not hope, that by disclaiming their deeds
and punishing the perpetrators, you would shortly vin
dicate the honor of the British name, and re-establish
the violated laws of justice.
"That once populous, flourishing and commercial
town, is now garrisoned by an army sent not to protect,
but to enslave its inhabitants. The civil government is
overturned, and a military despotism erected upon its
ruins. Without law, without right, powers are assumed Oppres-
unknown to the constitution. Private property is un- Bogtsonn
justly invaded. The inhabitants, daily subjected to the
licentiousness of the soldiery, are forbid to remove in
defiance of their natural rights, in violation of the most
solemn compacts. Or if, after long and wearisome soli- Condition
citation, a pass is procured, their effects are detained, _jaifas(8'
and even those who are most favored, have no alterna
tive but poverty or slavery. The distress of many
thousand people, wantonly deprived of the necessaries
of life, is a subject on which we would not wish to
enlarge. "Yet we cannot but observe, that a British fleet (un-Aggres-
justified even by acts of your legislature) are daily g^f1,116
employed in ruining our commerce, seizing our ships, fleet.
and depriving whole communities of their daily bread.
Nor will a regard for your honor permit us to be silent,
while British troops sully your glory, by actions which
the most inveterate enmity will not palliate among civ- Destmc-
ilized nations, the wanton and unnecessary destruction ^nn ?f
of Charlestown, a large, anGient, and once populous town.

580 THE GOVERNMENTAL HISTORY OF.
Part III. origin and causes of the revolution.
The colo- town, just before deserted by its inhabitants, who had
gress at ne(^ to avoid the fury of your soldiery.
Phiiadei- "jf vou still retain those sentiments of compassion
10, 1775. ' by which Britons have ever been distinguished, if the
^^^P humanity which tempered the valor of our common
tants of ancestors has not degenerated into cruelty, you will
"ain.'adopt-" lament the miseries of their descendants.
ed July «To what are we to attribute this treatment? If to
any secret principle of the constitution, let it be men-
No cause tioned. Let us learn that the government we have long
treatment. revere(lj is not without its defects, and that while it
gives freedom to a part, it necessarily enslaves the
remainder of the empire. If such a principle exists,
why for ages has it ceased to operate? Why at this
time is it called into action ? Can no reason be assigned
for this conduct ? Or must it be resolved into the wan
ton exercise of arbitrary power ? And shall the descend-
Further ants of Britons tamely submit to this? No, sirs! We
hnpossflbl" never wilL Wnile we revere the memory of our gal
lant and virtuous ancestors, we never can surrender
those glorious privileges for which they fought, bled,
and conquered. Admit that your fleets could destroy
our towns, and ravage our sea-coasts ; these are incon
siderable objects, things of no moment, to men whose
bosoms glow with the ardour of liberty. We can retire
beyond the reach of your navy, and, without any sen
sible diminution of the necessaries of life, enjoy a lux
ury, which from that period you will want — the luxury
of being free.
"We know the force of your arms, and was it called
forth in the cause of justice and your country, we might
Appeal to dread the exertion; but will Britons fight under the
them as banners of tyranny? Will they counteract the labours,
and disgrace the victories of their ancestors? Will
they forge chains for tlieir posterity? If they descend
to this unworthy task, will their swords retain their
edge, their arms their accustomed vigor? Britons can
never become the instruments of oppression till they

THE UNITED STATES OF AMERICA. 581
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
lose the spirit of freedom, by which alone they are The colo-
., i nial con-
mvincible. gress at
" Our enemies charge us with sedition. In what does ph«adel-
phia, May
it consist? In our refusal to submit to unwarrantable 10, 1775.
acts of iniustice and cruelty? If so, shew us a period Address to
^- ^ ¦ x.- u u 1 i, n the inhabi"
m your history, m which you have not been equally tants of
seditious. Great Brit-
ain, adopt-
"We are accused of aiming at independence, butedJuiysth.
how is this accusation supported ? By the allegations T'ie ^rge
of your ministers, not by our actions. Abused, insult
ed, and contemned — what steps have we pursued to^;*™08
obtain redress. We have carried our dutiful petitions pendence.
to the throne: We have applied to your justice for
relief: We have retrenched our luxury and withheld
our trade: The advantages of our commerce were
designed as a compensation for your protection : When
you ceased to protect, for what were we to compensate ?
" What has been the success of our endeavors ? The Treatment
clemency of our sovereign is, unhappily, diverted : Our petitions.
petitions are treated with indignity, our prayers an
swered by insult? : Our application to you remains un
noticed, and leaves us the melancholy apprehension of
your wanting either the will or the power to assist us.
Even under these circumstances, what measures have
we taken that betray a desire for independence ? Have Have
we called in the aid of those foreign powers who are shown no
, . io titi , desire for
the rivals of your grandeur r When your troops were independ-
few and defenceless, did we take advantage of their ence-
distress and expel them our towns ? Or have we per
mitted them to fortify, to receive new aid, and to
acquire additional strength ? Let not your enemies
and ours persuade you that in this we were influenced
by fear, or any unworthy motive. The lives of Britons Attach-
are still dear to us. They are the children of our their Eng-
parents, and an uninterrupted intercourse of mutual^ breth"
benefits had knit the bonds of friendship. When hos- The affair
tilities were commenced, when on a late occasion we to^™8"
were wantonly attacked by your troops, though we Concord.

582 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- repelled their assaults and returned their blows, yet we
gress at' lamented the wounds they obliged us to give ; nor have
Phiiadei- vve yet learned to rejoice at a victory over Englishmen.
logins7 "-^s we wish not to colour our actions, or disguise
Address to our thoughts, we shall, in the simple language of truth,
the inhab- ,, , -, ,-, , •
itants of avow the measures we have pursued^ the motives upon
Great Brit- which we have acted, and our future designs.
am, adopt- . .
edjulysth. " When our late petition to the throne produced no
other effect than fresh injuries, and votes of your legis
lature, calculated to justify every severity ; when your
fleets and your armies were prepared to wrest from us
our property, to rob us of our liberties, or our lives ;
Past, pres- when the hostile attempts of General Gage evinced his
proposed designs ; we levied armies for our security and defence.
future con- when the powers vested in the governor of Canada
gave us reason to apprehend danger in that quarter,
and we had frequent intimations that a cruel and sav
age enemy was to be let loose upon the defenceless
inhabitants of our frontiers, we took such measures as
prudence dictated, as necessity will justify. We pos-
Their ob- sessed ourselves of Crown Point and Ticpnderoga. Yet
ject recon- give us ieave most solemnly to assure you, that we have
not yet lost sight of the object we have ever had in
view — a reconciliation with you on constitutional prin
ciples, and a restoration of that friendly intercourse,
which, to the advantage of both, we till lately main
tained.
Commer- " The inhabitants of this country apply themselves
tions with chiefly to agriculture and commerce. As their fashions
England. an<_ manners are similar to yours, your markets must
afford them the conveniences and luxuries for which
they exchange the produce of their labours. The
wealth of this extended continent centres with you ;
and our trade is so regulated as to be subservient only
to your interest. You are too reasonable to expect,
that by taxes (in addition to this) we should contrib
ute to your expense ; to believe, after diverting the
fountain, that the streams can flow with unabated force.

THE UNITED STATES OF AMERICA. 583
THE COMMERCIAL SYSTEM OF TAXATION. PART in.
"It has been said that we refuse to submit to the re- The colo-
strictions on our commerce. From whence is this infer- mal con"
gl OSS 8>li
ence drawn? Not from our words, we have repeat- Phiiadei-
edly declared the contrary, and we again profess our io,iai77gf
submission to the several acts of trade and navigation, Address to
passed before the year 1763 ; trusting, nevertheless, in itaenS of "
the equity and justice of parliament, that such of them Great Brit-
as, upon cool and impartial consideration, shall appear edJulysth.
to have imposed unnecessary or grievous restrictions, Bestric-
¦. -ii -it i i tl0ns "pon
will, at some happier period, be repealed or altered, commerce.
And we cheerfully consent to the operation of such
acts of the British parliament as shall, be restrained to
the regulation of our external commerce, for the pur
pose of securing the commercial advantages of the
whole empire to the mother country, and the commer
cial benefit of its respective members ; excluding every
idea of taxation, internal or external, for raising a rev
enue on the subjects in America without their consent.
"It is alledged that we contribute nothing to the com- Contribu-
mon defence. To this we answer, that the advantages Jh°en_0m_
which Great Britain receives from the monopoly of our m°R de-
trade far exceed our proportion of the expense neces
sary for that purpose. But should these disadvantages
be inadequate thereto, let the restrictions on our trade
be removed, and we will cheerfully contribute such
proportion when constitutionally required.
"It is a fundamental principle of the British constitu- Right of
tion, that every man should have at least a representa- reP™3eat"
tive share in the formation of those laws by which he
is bound. Were it otherwise, the regulation of our
internal police by a British parliament, who are and
ever will be unacquainted with our local circum
stances, must be always inconvenient, and frequently
oppressive, working our wrong without yielding any
possible advantage to you.
"A plan of accommodation, (as it has been absurdly posed
called) has been proposed by your ministers, to oura'^^_
respective assemblies. Were this proposal free from dation."

584 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- every other objection but that which arises from the
"ress at" **me °^ the offer, it would not be unexceptionable.
Phiiadei- Can men deliberate with the , bayonet at their breasts ?
10, 1775. Can they treat with freedom when their towns are
Address to sacked ? When daily instances of injustice and oppres-
itants of Ei°n disturb the slower operations of reason ?
Great Brit- u jf ^njs proposal is really such as you would offer
ain, adopt- r i j j
edJulySth. and we accept, why was it delayed till the nation was
put to useless expense, and we were reduced. to our
present melancholy situation ? If. it holds forth nothing,
why was it proposed ? Unless indeed to deceive you
The pro- into a belief that we were unwilling to listen to any
"plan of terms of accommodation. But what is submitted to
accommo- 0ur consideration ? We contend for the disposal of
our property : We are told that our demand is unrea
sonable, that our assemblies may indeed collect our
money, but that they must at the same time offer, not
what your exigencies or ours may require, but so much
as shall be deemed sufficient to satisfy the desires of a
minister, and enable him to provide for favorites and
dependents. A recurrence to your own treasury will
convince you how little of the money already extorted
from us, has been applied to the relief of your bur
dens. To suppose that we would thus grasp the
shadow and give up the substance, is adding insult to
injuries.
Desire for « We have, nevertheless, again presented an humble
tion. and dutiful petition to our sovereign, and to remove
every imputation of obstinacy, have requested his
majesty to direct some mode by which the united appli
cation of his faithful colonists may be improved into
happy and permanent reconciliation. We are willing
to treat on such terms as can alone render an accom
modation lasting, and we flatter ourselves that our pa
cific endeavors will be attended with a removal of min
isterial troops, and a repeal of those laws, of the opera
tion of which we complain, on the one part, and a dis
banding of our army and a dissolution of our commer
cial associations, on the otlier.

THE UNITED STATES OF AMERICA. 585
the commercial system of taxation. Part III.
" Yet conclude not from this that we propose to sur- The Colo-
render our property into the hands of your ministry, gresSc<at"
or vest your parliament with a power which may ter- Philadel-
minate ill our destruction. The great bulwarks of our igi 1775.
constitution we have desired to maintain by every tem- Address to
perate and peaceable means : But your ministers, itants 0f "
Cequal foes of British and American freedom) have Great Brit-
s ^ . J ain, adopt-
added to their former oppressions an attempt to reduce edJuly 8th.
us by the sword to a base and abject submission. On
the sword, therefore, we are compelled to rely for pro- Appeal to
tection. Should victory declare in your favor, yet men
trained to arms from their infancy, and animated by
the love of liberty, will afford neither a cheap nor easy
conquest. Of this at least we are assured, that our
struggle will be glorious, our success certain, since
even in death we shall find that freedom which in life
you forbid us to enjoy.
" Let us now ask what advantages are to attend our 'Defeat or
reduction? The trade of a ruined and desolate coun-eq__iJy_ig_
try is always inconsiderable, its revenue trifling, the?ftrou^t?
expense of subjecting and retaining it in subjection ain.
certain and inevitable. What, then, remains but the
gratification of an ill-judged pride, or the hope of ren
dering us subservient to designs on your liberty.
Soldiers who have sheathed their swords in the bowels
of their American brethren, will not draw them with
more reluctance against you. When too late, you may
lament the loss of that freedom which we exhort you,
while still in your power, to preserve.
"On the other hand, should you prove unsuccessful ;
should that connection, which we most ardently wish
to maintain, be dissolved ; should your ministers ex
haust your treasures. and waste the blood of your coun
trymen in vain attempts on our liberty ; do they not
deliver you, weak and defenceless, to your natural
enemies ? Since, then, your liberty must be the price .
of your victories ; your ruin, of your defeat ; what
blind fatality can-urge you to a pursuit destructive of
all that Britons hold dear ?

586

THE GOVERNMENTAL HISTORY OF

Part III.

origin and causes of the revolution.

The colo
nial con
gress at
Philadelphia, May
10, 1775.
Address to
the inhab
itants of
Great Brit
ain, adopt
ed July 8th.

Final ap
peal.

Letter to
the Lord
Mayor of
London, July 8th.

Apprecia
tion of
their sym
pathy.

"If you have no regard to the connection that has for
ages subsisted between us ; if you have forgotten the
wounds we have received fighting by your side for the
extension of the empire ; if our commerce is not an
object below your consideration ; if justice and human
ity have lost their influence on your hearts ; still mo
tives are not wanting to excite your indignation at the
measures now pursued : your wealth, your honor, your
liberties, are at stake.
"Notwithstanding the distress to which we are re
duced, we sometimes forget our afflictions to anticipate
and sympathize in yours. We grieve that rash and
inconsiderate counsels, should precipitate the destruc
tion of an empire which has been the envy and admi
ration of ages ; and call God to witness, that we would
part with our property, endanger our hves, and sacrifice
everything but liberty, to redeem you from ruin.
" A cloud hangs over your head and ours. Ere this
reaches you, it may probably burst upon us. Let us
then (before the remembrance of former kindness is
obliterated) once more repeat those appellations which
are ever grateful to our ears : Let us entreat Heaven
to avert our ruin, and the destruction that threatens
our friends, brethren, and countrymen, on the other side
of the Atlantic"

After the adoption of this masterly address, a letter,
prepared by a committee previously appointed for that
purpose, to the Lord Mayor, Aldermen, and Livery of
London, was read, debated, and approved, as follows :
• "My Lord: Permit the delegates of the people of
twelve ancient colonies, to pay your lordship, and the
very respectable body of which you are the head, the
just tribute of gratitude and thanks, for the virtuous
and unsolicited resentment you have shown to the vio
lated rights of a free people.
"The city of London, my lord, having in all ages
approved itself the patron of liberty, and the support

THE UNITED STATES OF AMERICA. 587
the commercial system of taxation. Part IIL
of just government, against lawless tyranny and op- The com
pression, cannot fail to make us deeply sensible of the gres_ at"
powerful aid our cause must receive from such advo- Madei-
cates ; a cause, my lord, worthy the support of the _0, 1775J
first city in the world, as it involves the fate of a great Letter to
continent, and threatens to shake the foundations of aMay0rof
flourishing, and until lately, a happy empire. j_iyd8°h.
" North America, my lord, wishes most ardently for
a lasting connection with Great Britain, on terms of
just and equal hberty; less than which, generous
minds will not offer, nor brave and free ones be willing
to receive.
" A cruel war has at length been opened against us,
and whilst we prepare to defend ourselves like the
descendants of Britons, we still hope that the media- Hope for
tion of wise and good citizens will at length prevail je0°°ncilia"
over despotism, and restore harmony and peace, on
permanent principles, to an oppressed and divided
Empire. "We have the honor to be, my lord, with great
esteem, your lordship's faithful friends and fellow-
subjects. " Signed by order of the Congress, Archive's,
"John Hancock, President." * p. 1877.
These papers were enclosed in a letter to Mr. Rich
ard Perm, and the colony agents in England, which
letter was reported to the congress, read, and approved,
as follows, viz. :
"Gentlemen: The perseverance of the British min- Letter to
istry in their unjust and cruel system of colony admin- \^^
istration, has occasioned the meeting of another con- England.
gress. We have again appealed to the justice of our
sovereign for protection against the destruction which
his ministers meditate for his American subjects. This
petition to his majesty you will please, gentlemen, to
present to the king, with all convenient expedition;
after which we desire it may be given to the pubhc.

588 THE GOVERNMENTAL HISTORY OF
Part IH. origin and causes of the revolution.
The colo- We likewise send you our second application to the
gressat" equity and interest of our fellow-subjects in Great
PhUadel- Britain, and also a declaration setting forth the causes
10, 1775. of our taking up arms, both which we wish may be
immediately put to press, and communicated as uni
versally as possible.
"The congress entertain the highest sense of the
wise and worthy interposition of the Lord Mayor and
Letter to Livery of London in favor of injured America. They
agents in7 nave expressed this their sense, in a letter to his lord-
England, ship and the livery, which we desire may be presented
in the manner most agreeable to that respectable body.
"You will oblige us, gentlemen, by giving the most
early information to the congress, and to the speakers
of our respective assemblies, of your proceeding in this
business ; and such further intelligence as you may
judge to be of importance to America in this great
contest. " We are, with great regard, gentlemen, your most
obedient and very humble servants."
Order Whereupon it was "Ordered, that the above be
thereon. fajriy transcribed, to be signed by the president, and
then by him sent under cover, with the petition to the
king, and address to the inhabitants of Great Britain,
and the letter to the Lord Mayor of London, to Richard
Penn, Esq.: And that the president request Mr. Penn,
*2Am. in behalf of the Congress, to join with the Colony
p. 1878. ' Agents in presenting the petition to the king."*
Other Addresses were also adopted to the assembly of
addresses. jamaica; au__ the people of Ireland. Each of these
contains an enumeration of the grievances and oppres
sions set forth in the other papers, but they are not so
essentially variant in other respects as to render their
introduction important in this connection. Yet I can
not omit transcribing the closing part of the latter doc
ument. The inhabitants of this country have always
felt a great deaL of sympathy for that interesting but
unfortunate people, and will read with attentive con-

THE UNITED STATES OF AMERICA. 589
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
sideration the sentiinents expressed towards them by The coio-
the fathers of our revolution. The conclusion of the gre_g a°"
address is, in other aspects of it, important. It was in Phiiadel-
, , , . phia, May
these words, viz. : 10, 1*775.
'— — " Accept our most grateful acknowledgments for To the
the friendly disposition you have always shown towards Pe°Ple of
us. We know that you are not without your grievan
ces. We sympathize with you in your distress, and
are pleased to find that the design of subjugating us
has persuaded administration to dispense to Ireland
some vagrant rays of ministerial sunshine. Even the
tender mercies of government have long been cruel
towards you. In the rich pastures of Ireland, many
hungry parasites have fed, and grown strong to labour
in its destruction. We hope the patient abiding of the
meek may not always be forgotten : And God grant
that the iniquitous scheme of extirpating liberty from
the British Empire, may be soon defeated. But we
should be Wanting to ourselves ; we should be perfid
ious to posterity ; we should be unworthy that ancestry
from which we derive our descent, should we submit,
with folded arms, to military butchery and depredation,
to gratify the lordly ambition, or sate the avarice of a
British minister. In defence of our persons and prop- Reasons
erties under actual violation, we have taken up arms : for taking
When that violence shall be removed, and hostilities
cease on the part of the aggressors, they shall cease on
our part also. For the achievement of this happy
event, we confide in the good offices of our fellow-
subjects beyond the Atlantic. Of their friendly dispo
sition we do not yet despond, aware, as they must be,
that they have nothing more to expect from the same
common enemy, than the humble favor of being last
devoured."

On Friday, the twenty-first day of July, the congress
having resolved itself into a committee of the whole,
to take into consideration the state of America, Doctor

590 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- Benjamin Franklin submitted to their consideration the
gress at" following sketch of articles for a confederation between
Phiiadei- the colonies, viz.:
phia, May
10,1775. "Articles of Confederation and Perpetual union, pro-
Artlmniair Pose^ °y the delegates of the several colonies of New
confedera- Hampshire, Sfc, in general congress, met at Phiiadei-
mted by PUai May wth, 1775.
Dr. Frank- « Article I. The name of this confederacy shall
2ist. henceforth be The United Colonies of North America.
Name of "Article II. The said United Colonies hereby sever-
eracy. ally enter into a firm league of friendship with each
Its objects, other, binding on themselves and their posterity, for
their common defence against their enemies; for the
security of their liberties and properties, the safety of
their persons and families ; and their mutual and gen
eral welfare.
Privileges "Article III. That each colony shall enjoy and re
spective tain as much as it may think fit, of its own present
colonies. iawSj customs, rights, privileges, and peculiar jurisdic
tion, within its own limits; and may amend its own
constitution as shall seem best to its own assembly or
convention.
General "Article IV. That for the more convenient manage-
congress. ment of their general interests, delegates shall be annu
ally elected in each colony, to meet in General Congress,
at such time and place as shall be agreed on in the next
preceding congress. Only where particular circum
stances do not make a duration necessary, it is under
stood to be a rule, that each succeeding congress be
held in a different colony, till the whole number be
gone through ; and so in perpetual rotation ; and that
accordingly the next congress after the present, shall
be held at Annapolis, in Maryland.
Its powers "Article V. Tliat the power and duty of the con-
and duties. . J
gress shall extend to the determining on war and peace ;
the sending and receiving ambassadors, and entering
into alliances, (the reconciliation with Great Britain)
the settling all disputes and differences between colony

THE UNITED STATES OF AMERICA. 591
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
and colony, about limits or any other cause, if such The colo-
should arise; and the planting of new colonies when g'raSg °^~
proper. The congress shall also make such general pwiadel-
ordinances as, though necessary to the general welfare, 10, i!775.
particular assemblies cannot be competent to, viz.: — ^r^|_r_.
those that may relate to our general commerce, or gen- tion sub-
eral . currency ; the establishment of posts ; and the mJ Frank-
regulation of our common forces. The congress shall lin> July
also have the appointment of all general officers, civil
and military, appertaining to the general confederacy,
such as general treasurer, secretary, «fec.
*' Article VI. All charges of wars, and all otlier General
general expenses to be incurred for the common wel-c arge8,
fare, shall be defrayed out of a common treasury, which
is to be supplied by each colony in proportion to its
number of male polls between sixteen and sixty years
of age. The taxes for paying that proportion are to be
laid and levied by the laws of each colony.
" Article VII. The number of delegates to be elected Delegation
and sent to congress by each colony, shall be regula- *°ecg°n'
ted, from time to time, by the number of such polls
returned ; so as that one delegate be allowed for every
five thousand polls. And the delegates are to bring
with them to every congress an authenticated return
of the number of polls in the respective provinces,
which is to be. taken triennially, for the purposes above
mentioned. " Article VIII. At every meeting of the congress, Quorum
one-half of the members returned, exclusive of proxies, and vote#
shall be necessary to make a quorum; and each dele
gate at the congress shall have a vote in all cases ; and
if necessarily absent, shall be allowed to appoint any
other delegate from the same colony to be his proxy,
who may vote for him.
" Article IX. An executive council shall be appoint- Executive
ed by the congress out of their own body, consisting of p°™cr_'an_
twelve persons ; of whom, in the first appointment, one- duties.
third, viz.: — four shall be for one year, four for two

592

THE GOVERNMENTAL HISTORY OF

Part III.

ORIGIN AND CAUSES OF THE REVOLUTION.

The colo
nial con
gress at
Philadelphia, May
Iff; 17>5.
Articles of
confederation sub
mitted by
Dr. Frank
lin, July
21st.

Offensivewar.

Relations with the
Indians.

Howamended.

years, and four for three years; and as the said terms
expire, the vacancies shall be filled by appointments for
three years; whereby one-third of the members will
be changed annually. This council, of whom two-
thirds shall be a quorum, in the recess of congress, is
to execute what shall have been enjoined thereby; to
manage the general continental business and interests ;
to receive applications from foreign countries ; to pre
pare matters for the consideration of the congress ; to
fill up, pro tempore, continental offices that fall vacant ;
and to draw on the general treasurer for such monies
as may be necessary for general services, and appropri
ated by the congress to such services.
"Article X. No colony shall engage in offensive
war with any nation of Indians without the consent of
the congress, or grand council above mentioned, who
are first to consider the justice and necessity of such
war.
"Article XI. A perpetual alliance, offensive and
defensive, is to be entered into as soon as may be with
the Six Nations; their limits to be ascertained and
secured to them; their land not to be encroached on,
nor any private or colony purchases made of them here
after to be held good ; nor any contract for lands to be
made, but between the great council of the Indians at
Onondaga, and the general congress. The boundaries
and lands of all the other Indians shall also be ascer
tained and secured to them in the same manner, and
persons appointed to reside among them in proper dis
tricts, and shall take care to prevent injustice in the
trade with them ; and be enabled at our general expense,
by occasional small supplies, to relieve their personal
wants and distress. And all purchases from them shall
be by the congress, for the general advantage and bene
fit of the United Colonies.
"Article XII. As all new institutions may have
imperfections, which only time and experience can dis
cover, it is agreed that the general congress, from time

THE UNITED STATES OF AMERICA. 593
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
to time, shall propose such amendments of this consti-The colo-
tution as may be found necessary; which being ap- ™g a"'
proved by a majority of the colony assemblies, shall be Phiiadel-
equally binding with the rest of the articles of this con- 10, 1775.
federation. "Article XIII. Any and every colony from Great
Britain upon the continent of North America, not at
present engaged in our association, may, upon applica- Admission
tion and joining the said association, be received into of other
the confederation, viz.: — Ireland, the West India Islands,
Quebec, St. Johns, Nova-Seotia, Bermudas, and East
and West Florida, and shall thereupon be entitled to all
the advantages of our union, mutual assistance, and
commerce." Upon the submission of these articles it was
"Ordered, that they be proposed to the several pro- Order
vincial assemblies or conventions to be by them consid- ereuI>0,u
ered; and if approved, they are advised to empower
their delegates to agree to and ratify the same in the
ensuing congress. After which the union thereby
established is to continue firm, till the terms of recon
ciliation proposed in the petition of the last congress to
the king are agreed to ; till the acts since made, restrain
ing the American commerce and fisheries, are repealed ;
till reparation is made for the injury done to Boston,
by shutting up its port; for the burning of Charles
Town ; and for the expense of this unjust war ; and till ofUthe°n
all the British troops are withdrawn from America. «ni°R un-
On the arrival of these events the colonies will return articles.
to their former connection and friendship with Britain ;
but on failure thereof, this Confederation is to be per- * fc]^
petual."* p. 1889. '

The compact of Union embraced in and con tem- The pro-
plated by the foregoing articles, is exceedingly inter- P°a7c0cn0_°"
esting and important as evinsive of the plan of empire federation,
which foreshadowed itself to the thoughts of our revo-and extent.
lutionary ancestors. In its comprehensive provisions
38

594 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- and aims it seems not unlike the prophetic historical
mal con- recor(js 0f the ancient people of God, having direct refer-
Phiiadei- ence to a more immediate and pressing necessity, while
loia_775.y yet it anticipates and provides for the development of
a magnificent dominion to be possibly unfolded in the
future. The fact that in the extension of our national
domain and jurisdiction at the present day, we are but
now approaching a period in our governmental annals
which seems to promise the fulfillment of a project
suggested, nay all but compelled, and yet not deliber
ately premeditated either in desire or design, by our
forefathers, must present itself with singular and thrill
ing interest to the pride, the patriotism, and the hope,
of every reflecting citizen of the United States of Amer
ica. Surely we need not fear that the foundations
which they have so wisely and so carefully laid, are
insufficient to sustain even so vast a fabric as then rose
before their enthusiastic vision.
The pro- Look at the magnificent plan and suppose for one
federacy. moment its achievement to have been consummated in
the days of the Revolution ! The whole North Ameri
can continent and the islands adjacent, comprehended
in one great confederacy ! No such powerful combina
tion of people or of states could have been found else
where, or in any age, in the world's history. Do we
mistake the decrees of the Almighty Ruler of the
universe in supposing it may yet be our destiny as a
nation ?

The plan of On the thirty-first day of July, the congress, in com-
dati'on'pro- mittee of the whole, took into consideration the report
posed by 0f _he committee on the resolve of the house of com-
parha-ment. mons, called a plan of accommodation, and the same,
being debated by paragraphs, was agreed to as fol
lows, viz. :
Report up- " The several assemblies of New Jersey, Pennsylva-
on' y ' nia, and Virginia, having referred to the congress a

THE UNITED STATES OF AMERICA. " 595
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
resolution of the House of Commons of Great Britain, The colo-
which resolution is in these words, viz. : gress at
"Lunse, 20° Die Feb. 1775. Phiiadei-
" The house in a committee on the American papers, jo, 1775.
Motion made, and question proposed :
" That it is the opinion of this committee, that when
the general council and- assembly, or general court of
any of his majesty's provinces or colonies in America,
shall propose to make provision, according to the con
dition, circumstance, or situation of such province or
colony, for contributing their proportion to the com
mon defence ; such proportion to be raised under the
authority of the general court, or general assembly of
such province or colony, and disposable by parliament ; ^ reso.
and shall engage to make provision also forthe sup-lutionof
port of the civil government, and the administration Cited.
of justice in such province or colony, it will be proper,
if such proposal shall be approved by his majesty and
the two houses of parliament ; and for so long as such
provision shall be made, accordingly to forbear, in
respect to such province or colony, to lay any duty, tax,
or assessment, or to impose any further duty, tax, or
assessment, except only such duties as it may be expe
dient to levy or impose, for the regulation of com
merce ; the net produce, or the duties last mentioned,
to be carried to the account of such colony respect
ively." " The congress took the said resolution into considera- Opinion of
tion and are therefore of opinion, that the colonies of juiy 3is_.
America are entitled to the sole and exclusive privilege
of giving and granting their own money : That this
involves a right of deliberating whether they will make Eight of
any gift, for what purpose it shall be made, and what axa lon'
shall be its amount : And that it is a high breach of
this privilege for any body of men, extraneous to their
constitutions, to prescribe the purposes for which money
shall be levied upon them, to take to themselves the Rlgnt oi.
r ' appropna-
authority of judging of their conditions, circumstances, tion. ,

596 ' THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- and situations, and of determining the amount of the
¦gressT contribution to be levied.
Phiiadei- « That as the colonies possess a right of appropri-
10, 1775. ating their gifts, so are they entitled at all times to
inquire into their application, to see that they be not
wasted among the venal and corrupt for the purpose of
undermining the civil rights of the givers, nor yet be
Opinion on diverted to the support of standing armies, inconsist-
mentaryia ent with their freedom and subversive to their quiet.
"plan of To propose, therefore, as this resolution does, that the
accommo- L L ' '
dation." monies given by the colonies shall be subject to the dis
posal of parliament alone, is to propose that they shall
relinquish this right of inquiry, and put it in the power
of others to render tlieir gifts ruinous, in proportion as
they are liberal.
Import- "Tliat this privilege of giving or withholding our
these monies, is an important barrier against the undue exer-
nghts. ^on 0f prerogative, which, if left altogether without
control may be exercised to our great oppression ; and
all history shows how efficacious is its intercessions for
redress of grievances and re-establishment of rights,
and how improvident it would be to part with so pow
erful a mediator.
Character " We are of opinion that the proposition contained in
position10 this resolution is unreasonable and insidious: Unrea-
made by sonable, because, if we declare we accede to it, we
ment. declare without reservation we will purchase the favor
of parliament, not knowing at the same time at what
price they will please to estimate their favor. It is
assidious, because, individual colonies having bid and
bidden again, till they find the avidity of the seller too
great for all their powers to satisfy, are then to return
into opposition, divided from their sister colonies whom
the minister will have previously detached by a grant
of easier terms, or by an artful procrastination of a
Proposed definite answer.
efTaxa-011 "That, the suspension qf the exercise of their pre-
ti(>n. tended power of taxation, being expressly made com-

THE UNITED STATES OF AMERICA. 597
the commercial system of taxation. Part III.
. — =  ¦  y.
mensurate with the continuance of our gifts, these The colo-
must be perpetual to make that so. Whereas, no°Jalgga°"
experience has shown that a gift of perpetual revenue Ptniadei-
secures a perpetual return of duty or of kind disposi- io, i775.
tion. On the contrary, the parliament itself, wisely Opinion, on
attentive to this observation, is in the established mentary
practice of granting its supplies from year to year"Planof
Ollly. dation,"
" Desirous and determined as we are, to consider in y *¦
the most dispassionate view every seeming advance
towards a reconciliation made by the British parlia
ment, let our brethren of Britain reflect what would Time and
have been the sacrifice to men of free spirits, had even tne pr0p0.
fair terms been proffered, as these insidious proposals SiLl obJec-
• o ¦ , -. -. ~ tionable.
were, with circumstances of insult and defiance. A
proposition to give our money, accompanied with large
fleets and armies, seems addressed to our fears rather
than our freedom. With what patience would Britons
have received articles of treaty from any power on
earth, when borne on the point of the bayonet by mili
tary plenipotentiaries ?
" We think the attempt unnecessary, to raise upon us
by force or by threats our proportional contributions to
the common defence, when all know, and themselves
acknowledge, we have fully contributed whenever
called upon to do so in the character of freemen.
"We are of opinion it is not just that the colonies Its injus-
should be required to oblige themselves to other con-tlce-
tributions, while Great Britain possesses a monopoly of
their trade. This of itself lays them under heavy con
tribution. To demand, therefore, additional aids in
the form of a tax is to demand the double of their
equal proportion. If we are to contribute equally with
the other parts of the empire, let us equally with them
enjoy free commerce with the whole world. But while
the restrictions on our trade shut to us the resources
of wealth, is it just we should bear all other burdens
equally with those to whom every resource is open ?

598 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.'
The colo- " We conceive that the British parliament has no right
gress at" t° intermeddle with our provisions for the support of
Phiiadei- civil government, or administration of justice. The
io,iai775.r provisions we have made are such as please ourselves,
Opinion on and are agreeable to our own circumstances ; they an-
hamentary swer the substantial purposes of government and of
"plan of justice, and other purposes than these should not be
dation," answered. We do not mean that our people shall be
July 3ist. burdened with oppressive taxes, to provide sinecures
ence of for the idle or the wicked under color of providing for
parhament a civil list. While parliament pursue their plan of
able. civil government within their own jurisdiction, we also
hope to pursue ours without molestation.
" We are of opinion the proportion is altogether un
satisfactory, because it imports only- a suspension of the
mode, not a renunciation of the pretended right to tax
us. Because, too, it does not propose to repeal the
several acts of parliament passed for the purposes of re
straining the trade, and altering the form of government
of one of our colonies ; extending the boundaries and
changing the government of Quebec ; enlarging the juris-
The propo- diction of courts of admiralty and vice-admiralty ; taking
wherein from us the right of trial by a jury of the vicinage, in
unsatisfac- cases affecting both life and property ; transporting us
into other countries to be tried for criminal offences.
Exempting, by mock trial, the murderers of colonists
from punishment ; and quartering soldiers upon us in
times of profound peace. Nor do they renounce the
power of suspending our own legislatures, and for
legislating for us themselves in all cases whatsoever.
Proofs of On the contrary, to show they mean no discontinuance
signs.6 6" of injury, they pass acts, at the very time of holding
out this proposition, for restraining the commerce and
fisheries of the provinces of New England, and for
interdicting the trade of other colonies with all foreign
nations and with each other. This proves unequivo
cally, they mean not to relinquish the exercise of indis
criminate legislation over us.

THE UNITED STATES OF AMERICA. 599
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
" Upon the whole, this proposition seems to have been The colo-
held up to the world to deceive it into a belief that gre_sc<at"
there was nothing in dispute between us but the mode Phiiadel-
of levying taxes ; and that the parliament having now lofiwsj
been so good as to give up this, the colonies are un
reasonable if not perfectly satisfied : Wliereas, in truth, Opinion on
our adversaries still claim a right of demanding ad lib-^l^.™'
itum, and of taxing us themselves to the full amount "Plan °f
of their demand, if we do comply with it. This leaves dation,"
us without anything we can call property. But what July 31st*
is of more importance, and what in this proposal they
keep out of sight, as if no such point was in contest
between us, they claim a right to alter our charters
and establish laws, and leave us without any security
for our lives or liberies. The proposition seems also General
to have been calculated more particularly to lull into Tiewo^the
r J m proposi- j
fatal security our well-affected fellow-subjects on the tion.
other side of the water, till time should be given for
the operation of those arms which a British minister
pronounced would instantaneously reduce the 'cow
ardly ' sons of America to unreserved submission.
"But when the world reflects how inadequate to jus- General
tice are these vaunted terms ; when it attends to the sentunf?t
1 ot mankind
rapid and bold succession of injuries, which, during upon it.
the course of eleven years, have been aimed at these
colonies ; when it reviews the pacific and respectful
expostulations, which, during that whole time, were
the sole arms we opposed to them; when it observes
that our complaints were either not heard at all, or
were answered with new and accumulated injuries ;
when it recollects that the minister himself, on an
early occasion, declared 'that he would never treat
with America, till he had brought her to his feet ;' and
that an avowed partizan of ministry has more lately
denounced against us the dreadful sentence, delenda
est Carthago ; that this was done in the presence of a
British senate, and being unreproved by them, must be
taken to be their own sentiment, especially as this pur-

600 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- pose has already in part been carried into execution by
gre^at" their treatment of Boston and burning of Charlestown ;
Phiiadei- -when it considers the great armaments with wliich
iq^IIsJ they have invaded us, and the circumstances of cruelty
with which they have commenced and prosecuted hos
tilities : When these things, we say, are laid together
and attentively considered, can the world be deceived
into an opinion that we are unreasonable ; or can it
hesitate to believe with us, that nothing but our own
exertions may defeat the ministerial sentence of death
or abject submission ? "

After making provision for the support of the army,
and for reimbursing the several colonies for monies
expended by them in the continental service ; which
was principally in the bills of credit issued by the con
gress ; they passed the following resolution, and ad
journed to the fifth of September then next :
Construe- " Whereas, at a former congress it was resolved, that
tion of the jf certain acts of parliament, in the continental asso-
non-ex- r 7 ,
portation ciation enumerated and complained of, should not be
compact. pgpgaigQ^ on or before the tenth day of September,
1775, the inhabitants of these united colonies would
not, directly or indirectly, export ariy merchandise or
commodity whatsoever to Great Britain, Ireland, or the
West Indies ; cmd as some doubts have arisen with
respect to the true spirit and construction of said
resolve, to the end that such doubts may be removed,
"Resolved, that under the prohibition, in the said
association contained, to export to, or import from, the
Islands of Great Britain and Ireland, this congress
intends to comprise all exportation to, or importation
from, the Islands of Jersey, Guernsey, Sark> Alderney,
and Man, and every European island and settlement
within the British dominions: And that under the
denomination of the West Indies, this congress means
to comprehend all the West India Islands, British and
foreign, to whatever state, power, or prince belonging,

THE UNITED STATES OF AMERICA. 601
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
or by whomsoever governed; and also the Summer
Islands, Bahama Islands, Berbicia, and Surinam on the
¦Main, and every island and settlement within the * 2 Am.
iatitude of the southern line of Georgia and the ^ ^J™8'
equator."*

As a sequel to these acts of the colonial congress, Proceed-
and as an interesting and important record in the his- _2mentPar"
tory of the proceedings of parliament with reference Nov., 1775.
to the colonies, we here refer to the examination, in
the House of Lords, of Governor Richard Penn, of
Pennsylvania, to whom the proceedings of this con
gress were enclosed to be presented to his majesty.
The effect which this examination produced in parlia
ment was singularly exciting, and more than anything
else opened the eyes of that body to the real crisis
which was now impending in America. And although
the awakening came too late, and was too limited in
its extent, to be of any permanent avail, it yet had its
influence out of parliament upon the tone of public
sentiment with regard to the motives and aims of the
congress and the people of America.
On Tuesday, the seventh day of November, in the House of
House of Lords, the order of the day being to take Lord3, '
into consideration a paper endorsed " Copy of the Pe
tition of the Congress to the King, delivered to the
Earl of Dartmouth by Messrs. Perm and Lee, on the
first day of September, 1775 ; " the said paper being
read by the clerk : The Duke of Richmond observed,
that he saw Mr. Penn, governor of Pennsylvania, below
the bar ; and as some doubt might arise in the course
of the debate, whether or not the paper now read was
genuine, he urged the propriety of calling that gentle
man to authenticate it, as he understood the petition
was delivered by him into the hands of one of his Motion to
majesty's secretaries of state. He then moved that Jf™^
Mr. Penn be called in, to authenticate the paper.
This motion gave rise to considerable opposition and

602 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Examina- discussion, but ended in an order being entered that
Gov°Penn Mr. Renn should attend the House of Lords for exam-
House of ination with reference to the matter now before them*
Nov., '1775. on Friday, the tenth of November then current.
Mr. Penn At the time designated, the order of the day being
examined*1 reSL&> ^r- Richard Penn was called and came forward,
Nov. 10th. and, being sworn, was examined at the bar, as follows :
" Question. How long have you resided in America ?
Answer. I have resided there four years.
Question. How long were you in tbe government
in Pennsylvania ? Answer. Just two years.
As to con- Question. Do you know, or have you heard, of any
gressionai violence or unfair proceedings in the election of the
members of the continental congress ? Answer. I
have not heard of any.
Inteili- Question. Do you think the members are men well
fh°con-f informed of the temper, disposition, and strength of
gress. their respective provinces, and capable of conveying the
sense of America ? Answer. I think they are men of
character and capable of conveying the sense of America.
Congress Question. Do you think that their several proceed-
and the mgS <j0 m reality convey the genuine sense of those
SGDSG 01 , _ r
the people, provinces you .are acquainted with ? Answer. They
do undoubtedly convey the sense of the provinces they
represent. Question. Have you any reason to doubt they do
convey the true sense of the other provinces ? Answer.
They certainly do convey the sense of the other prov
inces also.
Object of Question. Do you think the provinces will be gov
erned by their decisions? Answer. I firmly believe
the provinces will be governed by tlieir decisions.
Question. Do you not think that the present war,
on the part of America, is levied and carried on by the
directions of the congress, and supported by the incli
nation and zeal of the colonists, in defence of tlieir
liberty ? Answer. This war is levied and carried on
by a sense of the defence of their liberties, as they
think.

THE UNITED STATES OF AMERICA. 603
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
Question. Can you think that it is levied or carried Examina-
on by any other means or persons ? Answer. I do not q°" penn
think it is carried on by any other means or account, in the
Question. Are you personally acquainted with many Lords,
of the members of the congress? Answer. I am ac-?Lov- 10>
quainted with almost all the members of the. congress'.
Question. Do you think they levy and carry on this Independ-
war for the purpose of establishing an independent em- ^J n°h^
pire ? Answer. I think they do not carry on the war ject.
for independency, I never heard them breathe senti
ments of that nature.
Question. For what purpose do you believe they Aim in tak-
have taken up arms ? Answer. In defence of their ™&"p
liberties. Question. Were you in America at the time the The stamp
stamp act was laid ? Answer. I was.
Question. What effects did it produce ? Answer.
It caused great discontent, uneasiness, and distress.
Question. Were you there when it was repealed ? Its repeal.
Answer. I was.
Question. What effects did the repeal produce ? After the
m, ¦ -i . • n n • repeal.
Answer. The repeal gave great joy, and the anniver
sary was kept as a day of mirth and festivity.
Question. Were the Americans satisfied with their The de-
condition, notwithstanding the declaratory act accom- act.
panied the repeal of the stamp act ? Answer. They
were satisfied with their condition, notwithstanding the
declaratory act.
Question. If Great Britain had left things in the
state they then were, do you think America would have
remained content ? Answer. I think they would have
remained content.
Question. Is it the general opinion in America that Ability to
they are able to resist the arms of Great Britain, em
ployed to enforce taxation, and the late acts complained
of in America ? Answer ? It is the opinion of all I
have ever conversed with.
Question. Is the spirit of resistance to these acts

604

THE GOVERNMENTAL HISTORY OF

Part III.

ORIGIN AND CAUSES OF THE REVOLUTION.

Examination of
Gov. Penn,
in the
House of
Lords, Nov. 10,
1778.

Military of
Pennsyiva-

Contribu
tions of
money. Capable
men.

Ready for
service.

Growth of
corn.

Gunpowder.

Saltpetre.

Cannon, &c.

general, as far as your knowledge goes ? Answer.
Quite general.
Question. What force has the province of Pennsyl
vania raised? Answer. When I left Pennsylvania,
they had twenty thousand men in arms, imbodied but
not in pay ; and four thousand five hundred men since
raised. Question. What were these twenty thousand, mili
tia or what ? Answer. They were volunteers through
out the province.
Question. What were the four thousand five hun
dred ? Answer. They were minute-men, when upon
service in pay.
Question. Are they included in the twenty thou
sand men, or exclusive of them? Answer. Exclu
sive. Question. Doth the province contribute money be
sides to tlie continental army ? Answer. They do.
Question. How many men, fit to bear arms is it sup
posed there are in Pennsylvania ? Answer. Sixty
thousand. Question. What proportion of these sixty thousand
do you believe would willingly come forth, if necessary,
in the present contest ? Answer. All, I believe.
Question. Doth Pennsylvania grow a sufficient quan
tity of corn to supply its inhabitants ? Answer. Much
more than is necessary, for they export considerable
every year.
Question. Do they make gunpowder in Pennsylva
nia ? Answer. They have, lately.
Question. Have they taken any methods to procure
saltpetre ? Answer. They have established several
works for that purpose.
Question. Do they cast brass cannon ? Answer.
They do in the city of Philadelphia.
Question. Have they the materials and means of
casting iron cannon ? Answer. They have, in great
plenty.

THE UNITED STATES OF AMERICA. 605
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
Question. Do they make small-arms ? Answer. Examina-
They do, in great numbers, and very complete. g°° penn
Question. Is it not reckoned' that there are in Penn- in the
sylvania and New York, many strong posts, and con- Lords,"
siderable rivers ? Answer. There are. ^°T- 10.
Question. Are there bridges over the principal riv- ports and
ers ? Answer. Bridges are not common ; in general, nvers-
there are ferries ; the rivers are too rapid for bridges. ses"
Question. Do they build ships in Pennsylvania ? Shipbuild-
Answer. They do. Question. Do they build themmg-
expeditiously? Answer. Very expeditiously. Ques
tion. Of what burden ? Answer. Three hundred or
four hundred tons.
Question. Did the congress, and the people in gen- Reception
eral, seem dissatisfied with the reception their petitions petitions.
had met with here ? Answer. The colonies were dis
satisfied with the reception of their petitions ; they had
conceived great hopes from that I brought over, which
was stiled the olive-branch; and I was complimented by
my friends on being the bearer thereof.
Question. If conciliatory measures are not speedily Connec-
pursued, is it not to be feared that the congress will f0reignh
form some connection with foreign powers ? Answer, powers.
It is greatly to be feared, if conciliatory measures are
not speedily pursued.
Question. If any connection with foreign powers
should be formed, do you not think that it will be very
difficult to persuade America to renounce engagements
she has once entered into ? Answer. I do.
Question. When you delivered this petition, did the Not before
secretary of state ask you any questions relative to that _ueanioned
country ? Answer. None at all. Question. Did he, >n »«-
or any other minister, at any other time since your ar- * °"ty'
rival, ask you #ny questions as to the state or temper
of America? Answer. I have not been asked any
questions by persons in authority.
Question. Did most thinking men in Philadelphia Refusal of
understand the refusal of the petition would be a bar *0enpeti"
to all reconcilement ? Answer. They did.

606 THE GOVERNMENTAL HISTORY OP
Part III. origin and causes of the revolution.
Examina- Examined by the Earl of Sandwich. Question. Have
Got Penn 70u ever rea<^ *ne declaratory act ? Answer. I have
in the not read it. Question. Have you not heard of it ?
Lor_s Answer. Yes, I have heard of it, but not much dis-
Nov. 10, cussed.
1775
The " De- Question. Do you think that the colonies and plant-
claratory ations in America have been, are, and of right ought
Depend- *° ^e' suhordinate unto, and dependent upon the impe-
enee on rial crown and parliament of Great Britain ? Answer.
ain. "The colonies, I believe, are inclined to acknowledge the
imperial authority of Great Britain, but not in taxa
tion.
Question Question. Do you think they acquiesce in every
and de- other sense of the declaratory act except taxation ?
bated. The Duke of Richmond objected to the question. He
insisted it was neither fair, nor parliamentary, to lead
the witness into discussions of such an intricate nature,
for the purpose of involving him in confusion and con
sequent contradiction. He said it was a subject of a
very abstruse and intricate nature ; men of the first rate
abilities and experience entertained different opinions
concerning it, and it was of course out of the view en
tirely of examinations at their lordship's bar.
The Earl of Sandwich replied, that he was strictly
within order, that the witness' own sentiments were
not desired, but seeming to be so well acquainted with
the persons who composed the congress, it was proba
ble they might have communicated their opinions to
him on the present subject of inquiry.
Mr. Penn Mr. Penn was desired to withdraw at the commence-
withdriw ment °f this discussion, and being now again called in,
pending replied : Answer. I believe the colonies acquiesce in
Is recalled! the words of the declaratory law.
Election of Question. Was there no violence u_>ed in the elec-
members tion of the members of the congress ? Answer. I
gress. know, of my own knowledge, only respecting Pennsyl
vania, where they were elected by the house of as
sembly.

THE UNITED STATES OF AMERICA. 607
THE COMMERCIAL SYSTEM OF TAXATION. PART III.
Question. Do you know all the members of the con- Examina-
gress ? Answer. I am acquainted with almost all of g°ypenn
them. Question. Do you know Mr. Harrison? An- in the
swer. I do ; he is a delegate from Virginia. Question. Lords,
Is he a man of good character ? Answer. I believe him ^0T^ 10>
to be so, I never heard to the contrary. Question. Is Mr. Harri-
he able to convey the sense of the province he repre- son of Va-
sents ? Answer. I imagine so, or they would not
have elected him.
Question. Are you acquainted with the sentiments
of America in general? Answer. I am particularly
acquainted only with the sentiinents of Pennsylvania.
Question. Have you heard of the resolutions of Suffolk
Suffolk in Massachusetts Bay ? Answer. I have. tfons""
Question. Have the congress declared their appro
bation of them? Answer. I believe they have, it was
in the public papers.
Question. Have you not heard of violences commit
ted on persons for speaking their opinions? Answer.
Not in Pennsylvania.
Question. Are the sentiments of the northern and Sentiments
southern .provinces similar?. Answer. I believe they ple* *,£?,£"
are. "%•
Question. Are the people of the different provinces
in a state of freedom? Answer. They think them
selves so.
Question. Would not persons who were to advance
different sentiments from the congress, be in danger?
Answer. I believe they would.
Question. Do not you know of people having been
persecuted for their opinions ? Answer. I do not know
of any such thing in Pennsylvania during my residence
there. Question. Have you not heard of such things in
other colonies ? Answer. I have heard so.
Question. What notice did the congress take of the ^ "Plan
^ of accom-
resolutions of the House of Commons last year ? An- modation."

608 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
Examina- swer. I do not know, they always keep their delibera
tion of ,. , .. . ' J J *
Gov. Penn tions to themselves.
m the Question. Was the plan proposed by Lord Chatham
Lords, last year taken notice of by the congress? Answer.
fOT:'"75' Not that I know of.
Lord Chat- „.,-..
ham's plan. Question. Do you know whether the congress pub
lished anything as to the resolutions of last year ? An
swer. Not that I recollect.
The "con- Question. Was the conciliatory plan of last year
plan."17 considered in the provinces ? Answer. It was consid
ered in Pennsylvania, and rejected by the house of
assembly, because they would not forsake their sister
colonies, nor do anything without consulting them.
Volun- Question. What sort of men were the twenty thou
sand men who offered to enroll themselves? Answer.
They were men of the first character and fortune.
Question. Were they not all persons of property, or
possessing land ? Answer. There might be some oth
ers among them, but in general they were so.
The power Question. Unless the congress had the confidence
gress? °^ the Americans, could they have any other means of
enforcing obedience to their orders? Answer. They
could not.
Question. Doth the congress meet with the general
approbation of America? Answer. When the con
gress was first proposed no one opposed it; it seemed to
be the general wish of the people.
Opposition Question. Could a sufficient number of people be
aa°°"dnte" found to support any one in speaking or writing against
the congress? Answer. No.
Examined by the Earl of Denbigh.
The char- Question. Are you master of the charter of Penn-
Pgn°sylya.sylvania?. Answer. I believe I am; I have read it
nia- often. Question. Are the inhabitants well satisfied with
their charter ? Answer. I believe they are perfectly so.
Question. Do you know the clause that subjects
them to taxation ? Answer. I know that clause.

THE UNITED STATES OF AMERICA. 609
THE COMMERCIAL SYSTEM OF TAXATION. PART IIL
Question. Do you think they are satisfied with it?Examina-
. v tion of
Answer. Yes. Gov, Fenn>
Question. Is it not the object of the congress to^the
throw off the regulations of their trade ? Answer. No. Lords,
Question. Have not the congress persecuted the NoT-' m5-
people ? Answer. Not to my knowledge.
Question. Would not the most opulent inhabitants Freedom
prefer freedom under this country, to what they now J"a" dpre_s\
enioy ? Answer. They would prefer it to any other ferred to
J / independ-
state of freedom. ence.
Question. Do you think they wish to support the
measures of the congress at present? Answer. It is Reconcilia-
firmly my opinion that they do, but wish, at the same Sire<i.
time, for a reconciliation with this country.
Question. When you said that Pennsylvania was
satisfied with the clause in their charter concerning
taxation, did you mean to say, that they were willing
to be taxed by parliament ? Answer. I do not believe Pariiamen-
Pennsyktania would be satisfied to be taxed by this^^Xpa>
country, and by their own government too."
Here Mr. Penn was instructed to withdraw.* Where- Archives,
upon the Duke of Richmond rose, and insisted, in a very p- 123-i2l7.
able speech, upon the necessity of an immediate recon-of g;cll. e
ciliation between Great Britain and her American colo-mo]ld-
nies.

Meanwhile the colonial congress had convened again Meeting of
at Philadelphia, pursuant to the resolution of adjourn- greas^sept.
ment at their last session. This meeting was signalized i"5.
by the admission of the colony of Georgia, by her dele- Georgia
gates, into the league of the United Colonies: An ear-|a"eg
ly and important proceeding was the passage of a reso
lution of secrecy, as follows, viz. :
" Resolved, That every member of this congress con- Resolution
siders himself under the ties of virtue, honor, and love of 8eereoy-
of his country, not to divulge, directly or indirectly, any
matter or thing agitated or debated in congress, before
the same shall have been determined, without leave of
39

61G THE GOVERNMENTAL HISTORY OF
Part HI. origin and causes of the revolution.
The colo- the congress ; nor any matter or thing determined in
a ?at* congress which a majority of the congress shall order

PhUadel- t0 he kept secret ; and that if any member shall violate
1775. 'this agreement he shall be expelled this congress,
and deemed an enemy to the liberties of America, and
liable to be treated as such ; arid that every member sig
nify his consent to this agreement by signing the same."
This resolution, as proposed, was thereupon passed,
* 3. Am. engrossed, and subscribed by all the delegates.*
p. 1916. ' It does not appear that any action had been taken by
The arti- the provincial assemblies upon the articles for a colonial
federation." confederation submitted by Dr. Franklin to the last
congress, and by them referred to the colonies, although
they were made the basis of its proceedings at the pres
ent session.
Position of The position of the colonies was now one of direct
nies?00' aim ominous hostility to the supreme power of the
mother country ; and placed them at once and distinct
ively in a revolutionary attitude. An attitud# which
must inevitably lead to their subjugation to, or their
absolute independence of the British crown. All re
flecting and thoughtful men in America began to fore
see the latter result, and some of them even to calcu
late its necessity and advantages, without seeming to
purpose or desire it. The alternative was too forcefully
before them to be mistaken, and few believed that they
could be defeated in a cause generally deemed so just.
The whole maritime equipments of Great Britain, it
was fondly supposed in America and feared in England,
could not transport troops sufficient to reduce three
millions of people so united in their determination to
sacrifice everything in their struggle for freedom. The
moment of conciliation, if not already irrevocably past
in the decrees of the Omniscient, was still unimproved
by the controlling councils of the parent state.
The crown remained unmoved" by their petition, the
ministry became more frenzied by so unexpected a de
fiance of their armies, and their mad measures were

THE. UNITED STATES OF AMERICA. 611
the commercial system of taxation. Part III.
persisted in by parliament. The colonists were declared The colo-
rebels, all trade with them was prohibited ; their prop- ^ess at"
erty declared confiscated, and, with their persons, made p^.ila^e1-,
liable to seizure, while hordes of British and foreign 1775. '
troops were sent over to force them to submission.
Every principle of justice ; every sentiment of honor,
honesty, and humanity ; every maxim of good and equi
table government ; and the plainest precepts of political
liberty; were disregarded and trampled down by an
arbitrary, reckless, and infuriate administration, now
openly and firmly defended and sanctioned by thet6-.4m-
r J J J Archives,
crown. p. e.
Under these circumstances, this session of the con
gress was necessarily continuous and protracted: Its
labors were arduous, difficult, and momentous in their
performance; lasting and comprehensive in their se
quences. The military operations to be directed ; the
fiscal system to-be perfected; the army regulations ; the
appliances for maritime defence; were all matters for
serious calculation and profound deliberation; while
the general government of the colonies under the con
federated union, and the direction of the contest which
now agitated and held in abeyance the destinies of this Position of
great people, imposed upon the members an immense greS_°n"
and far-reaching responsibihty. It is not my purpose
to speak of the conflict which for seven long years tested
the wisdom and integrity of the congress, and the patri
otism, the virtue, and the valor of the people of Amer
ica. Nor do I feel called upon to tell how valiantly
they fought, how freely they bled, how much they sac
rificed, what perils they encountered, what hardships
they endured, or what labors they performed, during
this eventful period. All these belong to another branch
of their history. It sufficeth my purpose here to say,
that in defence, the congress fitted out armed vessels to
intercept such supplies as were designed for the British
troops; all exportations except from one colony to
another were prohibited; letters of marque and reprisal

612 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- were issued ; and it was generally declared, " that the
gress at exercise of every kind of authority under the crown of
Phiiadei- Great Britain be utterly suppressed throughout the
phia, Sept., . . . . „
1775. colonies in America.
Thus they were forced on, step by step, till at length
the ties of kindred were disregarded, every feeling of
affection was stifled, and the sympathy of consanguin
ity which had hitherto prompted their patient endur
ance of the wrongs inflicted by the mother country,
and nourished the hope of reconciliation, had now
forever lost its influence over the people of America.
Nothing further remained but to sever the tie of their
political relationship. Their present position fore
shadowed the certainty of this result. The suppres
sion by the congress of the exercise of any and all
The crisis authority under the crown of Great Britain, was an
m their exceedingly important step in their governmental his-
¦ mental tory. It was virtually erecting that body into an inde
pendent national government, vested with the attributes
of sovereignty of which it had thus and so summarily
disrobed the parent kingdom. The power of the
crown being suppressed, the power of the congress
necessarily takes its place. The as yet uninherited
and unachieved sovereignty of the colonies is swal
lowed up in the supremacy of the congress, and they
have voluntarily become subject to its direction and
control. How far their now unknown and unclaimed
independence as separate sovereignties may be made
ultimately to consist with this supremacy of power in
a national administration, will become a matter of
curious and interesting inquiry hereafter. Meanwhile
we must note and remember the important fact, that
¦ The ques- the formal and open declaration of their independence
mdepend- as United States had not as yet been agitated in the
ence. congress, although it had become a matter of somewhat
earnest discussion in several of the provincial assem
blies ; in the correspondence of members with their
constituents; and between eminent civilians, and

THE UNITED STATES OF AMERICA. 613
the commercial system of taxation. Part IIL
prominent officers of the army. The congress itself, The colo-
indeed, seems to have been slow in encouraging any ^^° ""
such measure or design. So much so that they were Phiiadel-
thus rebuked in a letter written by General Charles 1775-6.
Lee to Richard Henry Lee, then a member of the
congress : « Williamsburgh, May 10, 1776.
" My Dear Friend : Your brother and I think, from General
the language of your letters, that the pulse of theRiChar_
congress is low, and that you yourself, with all your^eeo^in"
vigor, are, by collision, somewhat more contracted in ence, May,
your hopes than we wished to have found. If you do
not declare immediately for positive independence, we
are all ruined. There is poorness of spirit and lan
guor in the late proceedings of congress, that, I con
fess, frightens me so much that at times I regret having
embarked my all, my fortune, life, and reputation, in
their bottom. I sometimes wish I had settled in some
country of slaves, where the most lenient master gov
erns. However, let the fate of my property be what
it will, I hope I shall preserve my reputation, and
resign my breath with a tolerable degree of grace.
God bless you. I cannot write more at present. ' Ah,
Cassius, I am sick of many griefs.'
" Yours, most entirely, * 6 Am.
" Charles Lee."* £_$"*
This impatience of the delay of congress to declare
their independence seems to have been generally prev
alent with the officers of the army, who considered
such a step necessary in order to inspirit and encour
age the provincial troops. To fight for reconciliation
with Great Britain they had but little energy and no
ambition. Independence was now alone their aim.
The first energetic movement in this direction in the Resolu-
congress was made on Friday, the seventh day of June, md"pe0n_-
1776, when resolutions to that effect were moved and _n,oe> J.ne
' , „ ., .' 7th, 1776.
seconded, as follows, viz.:

614 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- "Eesolved, That these united colonies are, and of
gress at right ought to he, free and independent states; that they
Phiiadei- are absolved from all allegiance to the British crown,
p a> ' and that all political connection between them and the
state of Great Britain is, and ought to be, totally dis
solved.
Foreign ai- " Besolved, That it is expedient forthwith to take
mnces. ^e mos^ e_fectual measures for forming foreign alli
ances.
For a eon- "Eesolved, That a plan of confederation be pre-
it'dpi'jitioii
* 6 Am pared and transmitted to the respective colonies, for
Archives, their consideration and approbation."*
p' These resolutions were referred to a committee of
Reference the whole congress, and deliberated from day to day,
on there's- tiU the tenth of June, when the following report was
olutions. made :
"Eesolved, That the consideration of the first reso
lution be postponed to Monday, the first day of July
next ; and, in the mean while, that no time be lost in
case the congress agree thereto, that a committee be
appointed to prepare a declaration to the effect of the
said first resolution, which is in these words : ' That
these united colonies are, and of right ought to be,
free and independent states ; that they are absolved
from all allegiance to the British crown, and that all
political connection between them and the state of
Great Britain is, and ought to be, totally dissolved.' "
On the first day of July, the foregoing resolution
was made the order of the day for Tuesday, July
second, when it was adopted by the congress. The
proposed Declaration under it was considered from day
to day, till the fourth, when, the congress having re
solved itself into a committee of the whole, Mr. Harri
son stated that the committee had agreed on a declara
tion, whicli they desired him to report. Whereupon,
the declaration being read, was agreed to, engrossed,
and subscribed, as follows, viz. :

THE UNITED STATES OF AMERICA. 615
THE DECLARATION OF INDEPENDENCE. PART III.
"A Declaration Thecoio-
By the Representatives of the United States of Amer- nial con-
ica, in General Congress assembled. Phiiadel-
"When, in the course of human events, it becomes P "'
necessary for one people to dissolve the political bands
which have connected them with another, and to as- Preamble.
sume among the Powers of the Earth the separate and
equal station to which the Laws qf Nature and of
Nature's God entitle them, a decent respect to the
opinions of mankind requires that they should declare
the causes wliich impel them to the separation.
"We hold these truths tobe self-evident: that all Inalienable
men are created equal ; that they are endowed by their lg
Creator with certain inalienable rights ; that among
these are hfe, liberty, and the pursuit of happiness ;
that to secure these rights, governments are instituted
among men, deriving their just powers from the con
sent of the governed. That whenever any form of
government becomes destructive of these ends, it is *
the right of the people to alter or abolish it, and in- Right of
stitute new government, laying its foundation on such reT0 utl0n'
principles, and organizing its powers in such form, as
to them shall seem most likely to effect their safety
and happiness. Prudence, indeed, will dictate that
governments long established, should not be changed
for light and transient causes, and accordingly all
experience hath shown, that mankind are more dis
posed to suffer, while evils are sufferable, than to right
themselves by abolishing the forms to which they are
accustomed. But when a long train of abuses and
usurpations, pursuing invariably the same object,
evinces a design to reduce them under absolute des
potism, it is their fight, it is their duty, to throw off
such government, and to provide new guards for their
future security. Such has been the patient sufferance
of these colonies ; and such is now the necessity which
constrains them to alter their former systems of gov-

616 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- eminent. The history of the present King of Great
"ress at Britain is a history of repeated injuries and usurpa-
PhUadel- tions, all having in direct object the establishment of
p m' ' an absolute tyranny over these states : To prove this,
let facts be submitted to a candid world.
"He has refused his assent to laws the most whole
some and necessary for the pubhc good. He has for
bidden his governors to pass laws of immediate and
pressing importance, unless suspended in their opera-
Tyranny tjon _jn hjs assent should be obtained, and when so
ation of suspended, he has utterly neglected to attend to them.
of6Gkm^ -^e ^as refuse^ to pass other laws, for the accommoda-
Britain. tion of large districts of people, unless those people
would relinquish the right of representation in the
legislature, a right inestimable to them, and formidable
to tyrants only. He has called together legislative
bodies at places unusual, uncomfortable, and distant
from the depository of their public records, for the
sole purpose of fatiguing them into compliance with
* his measures. He has dissolved representative houses
repeatedly for opposing with manly firmness his inva
sions on the rights of the people. He has refused for
a long time, after such dissolutions, to cause others to
be elected, whereby the legislative powers, incapable
of annihilation, have returned to the people at large
for their exercise ; the state remaming in the mean
time, exposed to all the dangers of invasions from
without, and convulsions from within.
"He has endeavoured to prevent the population of
these states ; for that purpose obstructing the laws for
the naturalization of foreigners ; refusing to pass others
to encourage their migration hither, and raising the
conditions of new appropriations of lands. He has
obstructed the administration of justice, by refusing
his assent to laws for establishing judiciary powers.
He has made judges dependent on his will alone for
the tenure of their offices, and the amount and pay
ment of their salaries. He has erected a multitude

THE UNITED STATES OF AMERICA. 617
THE DECLARATION OF INDEPENDENCE. PART IH.
of new offices, and sent hither swarms of officers to The colo-
harass our people and eat out their substance. He^™"
has kept among us in times of peace, standing armies, Phiiadei-
without the consent of our legislatures. He has affected
to render the military independent of, and superior to
the civil power.
" He has combined with others, to subject us to a
jurisdiction foreign to our constitution, and unacknowl
edged by our laws, giving his assent to their acts of pre-
tendedlegislation ; For quartering large bodies of armed
troops among us ; For protecting them by a mock trial
from punishment for any murders which they should
commit on the inhabitants of these states ; For cutting
off our trade with all parts of the world ; For imposing Tyranny
taxes on us without our consent ; For depriving us, ^ong8"?*"
in many cases, of the benefit of trial by jury; For Peking
transporting us beyond seas to be tried for pretended Britain.
offences ; For abolishing the free system of English
iaws in a neighboring province, establishing therein an
arbitrary government, and enlarging its boundaries,
so as to render it at once an example and fit instrument
for introducing the same absolute rule into these colo
nies; for taking away our charters, abolishing our
most valuable laws, and altering fundamentally the
forms of our governments ; for suspending our own
legislatures, and declaring themselves invested with
power to legislate for us in all cases whatsoever.
" He has abdicated government here, by declaring us
out of his protection, and waging war against us. He
has plundered our seas, ravaged our coasts, burnt our
towns, and destroyed the lives of our people. He is at
this time transporting large armies of foreign mercena
ries, to complete the works of deathj desolation, and
tyranny, already begun, with circumstances of cruelty
and perfidy, scarcely paralleled in the most barbarous
ages, and totally unworthy the head of a civilized na
tion. He has constrained our fellow citizens taken
captive on the high seas, to bear arms against their

618 THE GOVERNMENTAL HISTORY OF
Part III. origin and causes of the revolution.
The colo- country ; to become the executioners of their frieiids
gressat" an^ brethren, or to fall themselves by their hands.
pAaa4£t He has excited domestic insurrections amongst us, and
' has endeavored to bring on the inhabitants of our fron
tiers, the merciless Indian Savages, whose known rule
of warfare is an undistinguished destruction of all ages,
sexes, and conditions.
Petitions « in every stage of these oppressions, we have peti-
' tioned for redress, in the most humble terms; our
repeated petitions have been answered only by repeated
injury. A prince whose character is thus marked by
every act which may define a tyrant, is unfit to be the
ruler of a free people. Nor have we been wanting in
attentions to our British brethren; we have warned
them from time to time, of attempts by their legisla
ture to extend an unwarrantable jurisdiction over us ;
we have reminded them of the circumstances of our
emigration and settlement here, we have appealed to
their native justice and magnanimity, and we have com-
jured them by the ties of our common kindred, to dis
avow these usurpations, which would inevitably inter
rupt our connexions . arid correspondence ; They too
have been deaf to the voice of justice and consanguin
ity. We must therefore acquiesce in the necessity, which
denounces our separation, and hold them, as we hold
the rest of mankind, enemies in war, in peace, friends.
" WE, therefore, the Eepresentatives of the UNITED
STATES OF AMEEICA, in GENEEAL CONGEESS
assembled, appealing to the Supreme Judge of the
world, for the reetitude of our intentions, Do, in the
name, and by authority of the good people of these
colonies, solemnly publish and declare, That these
United Colonies, are, and of right ought to be, FEEE
AND INDEPENDENT STATES; that they are ab
solved from all allegiance to the British crown ; and
that all political connexion between them, and the state
of Great Britain, is, and ought to be totally dissolved,
and that, as FEEE AND INDEPENDENT STATES,

THE UNITED STATES OF AMERICA. 619
THE DECLARATION OF INDEPENDENCE. PART III.
they have full power to levy war, conclude peace, con- The colo-
tract alliances, establish commerce, and to do all other £_^°t"
acts and things, which INDEPENDENT STATES PWiadei-
may of right do. And for the support of this DECLAE- p ia'
ATIQN, with a firm reliance on the protection of
Divine Providence, we mutually pledge to each other
our lives, our -fortunes, and our sacred honor.
JOHN HANCOCK.
NEW HAMPSHIRE.
Josiah Bartlett, Matthew Thornton.
William Whipple, MASSACHUSETTS .BAY.
Samuel Adams, Eobert Treat Paine,
John Adams, Elbridge Gerry.
RHODE ISLAND, &c.
Stephen Hopkins, William Ellery.
CONNECTICUT.
Eoger Sherman, Whaiam Williams,
Samuel Huntington, Oliver Wolcott.
NEW YORK.
William. Floyd, Francis Lewis,.
Philip Livingston. Lewis Morris.
NEW JERSEY.
Eichard Stockton, John Hart,
John Witherspoon, Abraham Clark.
Francis Hopkinson, Pennsylvania,
Eobert Morris, James Sjhith,
Benjamin Eush, George Taylor,
Benjamin Franklin, James Wilson,
John Morton, George Eoss.
George Clymer,

620

the governmental history of

Part III.

ORIGIN AND CAUSES OF THE REVOLUTION.

The colo
nial con
gress at
Philadelphia, 1776.

The men
of 1776.

DELAWARE.
Cesar Eodney, Thomas M'Kean.
George Bead, MARYLAND.
Samuel Chase, Charles Carroll, of
William Paca, Carrollton.
Thomas Stone, VIRGINIA.
George Wythe, Thos. Nelson, Jr.,
Eichard Henry Lee, Francis Lightfoot Lee,
Thomas Jefferson, Carter Braxton.
Benjamin Harrison, NORTH CAROLINA.
William Hooper, John Penn.
Joseph Hewes, SOUTH CAROLINA.
Edward Eutledge, Thomas Lynch, Jr.,
Thos. Heyward, Jr., Arthur Middleton.

GEORGIA.

Button Gwinnett,
Lyman Hall,

George Walton.

Resolutionupon.

Eesolved, That this declaration be sent to the sev
eral assemblies, conventions, and committees, or coun
cils of safety ; and to the several commanding officers
of the continental troops; that it be proclaimed in
each of the United States, and at the head of the army.

Conclusion If we knew nothing more of the history of those
of Part III. men wllQ gui__e(_ our councils and our armies during
this trying perjod, than that "they purposed, and
resolved, and wrought out our independence; that
they were instrumental in erecting the fair fabric of
government which has made us so free, so happy, and
so prosperous a nation ; we should be apt to think that
heaven, had endowed them with superior wisdom and

THE UNITED STATES OF AMERICA. 621
THE DECLARATION OF INDEPENDENCE. PART III.
virtue. But*they were religious men; and to whatever The colo-
name, or creed, or sect they belonged, they forgot allmflcon"
these party discriminations, and remembered onlyPhUadel-
those fundamental principles of their religion which p ia' 6"
were embraced alike in the faith of all. They were
self-governed men; and in their exalted virtue, they
abandoned all considerations of self, and sought solely
and only the good of their country. They periled their
lives, their fortunes, and their sacred honor, to secure
its liberties. They were persuaded, they felt, that the
contest was one which involved the dearest and most
important of human rights and human destinies ; that
on the issue of it depended the proudest hopes of
America not only, but of all mankind. They loved
justice and hated oppression ; and they felt that the tri
umph of those principles of civil and religious liberty
for which they were contending, was the sure precur
sor of infinite good to the whole human family. They
thought not of the present alone, they thought, and
acted, and lived, and struggled, and suffered for the
future ; they forgot all else in their zeal for posterity.
Freely and cheerfully exposed their lives, devoted their
property, and consecrated their blood, to achieve for
and transmit to them freedom and independence ; satis
fied beyond all doubt, that on that independence alone,
depended the most glorious prospects that had ever
been opened to the world. Such were the feelings, the
views, the hopes, the faith, which inspired the fathers
of our revolution. The history of mankind has never
before known such illustrious benefactors, such gener
ous patriotism, such disinterested philanthropy, suoh
unselfish regard for the liberties and the welfare of our
race. They were swayed by purer, nobler, prouder,
worthier, purposes than ever hallowed the council
chambers of Greece or of Eome. I admire the schemes
which held together those early and famed republics.
I venerate the sages, and the heroes of Athens, of Sparta,
and of Eome ; but I admire far more our own political

622 THE governmental history of
Part III. origin and causes of the revolution.
The colo- fabric : I venerate with a loftier and holier enthusiasm
gress at" *^e saSes> the heroes, and the patriots, of my own native
Phiiadei- land : And I religiously believe that the eye of the
' ' Omniscient never rested with so intense an interest on
any other assembly of men gathered for pohtical pur
poses. END OF PART HI.

PAET IV.
THE GOVERNMENTAL HISTORY OP THE THIRTEEN ANGLO-AMERICATT
COLONIES PROM THEIR UNION UNDER THE DECLARATION OP INDE
PENDENCE TO THE ADOPTION OP THE PRESENT CONSTITUTION.
. The Declaration of Independence was the necessary Protestant-
and legitimate result of the full development of the £___[___ he
political elements of freedom embraced in the protest- tion of In-
antism of the Eeformation. It was inaugurated, asen__.n '
we have seen, by Martin Luther, in his humble protest
against the imperial supremacy claimed by the pontifi
cate of Eome in matters of religion. In the same as
pect of it, it was made more powerful and prominent
when Henry VHI. of England protested against the
power of the Pope, on his refusal to annul the religious
obligation of the sacrament of marriage, by divorcing
him from his queen Catharine, and sanctioning his alli- See Part
ance with Anne Boleyn. In its relations with the free-11-
dom of the subject in matters of religious opinion, or
ganization, and worship, merely ; it gained considerable
ascendancy during the reigns of Mary, Elizabeth, and *
their successors. Its general political bearing was
indeed first known and felt, in the severance of the
crown and kingdom from all allegiance to Eome. But
this phase of it was not at all developed, so as to attract
the interested attention of the people, until the puri
tans disclosed it more distinctively in their controver
sies with both the Church and the Crown. They trans
planted it to the shores of New England where it became
more fully developed, spread itself throughout the colo
nies, giving origin, vitality, and protection, to their free
governments, laws, and municipal institutions; while

624 THE GOVERNMENTAL history of
Part IV. the revolutionary union of the colonies
Protestant- its reactive energies contributed to vivify the leaven of
Declara- freedom already at work with the mass of mind in the
tion of In- 0id WOrld. Its most signal achievement in the mother
depend- . .
ence. country, was its own elevation to the throne in the per
sons of William and Mary, and the establishment of a
Protestant succession in their line by act of parliament ;
giving to the nation a free constitution, and to the peo-
Triumph pie a share in the sovereignty vested in the crown ; just
of protest- e ceutUry before the adoption of our present federal
antism in « r r
England. Constitution. The English revolution thus heralded
the more thorough development and diffusion of its
elements of political freedom in both countries ; while
in the Anglo-American colonies it infused into the
minds of the people, and the councils of the various
provinces, a spirit of liberty and independence, which
resulted, as now, in the severance of the relations of
Itstriumph political supremacy and subjection between the empire
in Amen- 0f Q.rea_ Britain and the inhabitants of America.
Thus it is that a Protestant Christianity has been made,
and is, under Providence, the life and the conservation
of our republican freedom, union, and institutions: So
that by the constitutions of all the states, as well as by
the consent of the whole American people, it is now
regarded as an essential element in our political sys
tems ; while the Bible, whence it emanates, is the ac
knowledged depository and fountain of all civil and
religious liberty. Though our forefathers dia, yet it is to
be feared that the statesmen and politicians of our own
day have not, thus read the genealogical record of our
free institutions and forms of government. Yet it well
becomes the Christian historian and philosopher, as well
as the rulers and the people, to refer to the true foun
dations, if they would preserve the superstructure in a
healthy, vigorous, and permanent existence.
The Declaration of Independence, thus initiated, it
will at once be observed, opened a new and interesting
era in the governmental history of the colonies. Hav
ing ventured to assume a separate and equal rank among

THE UNITED STATES OF AMERICA. 625
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
the nations of the earth by proclaiming that they were Effect of
free and independent states; that they were absolved ratione_fa"
from all allegiance to the British crown ; and that all ladepend-
,..,.. -, ,' o ™ce upon
political connection between them and the state of the condi-
Great Britain was totally dissolved ; and that as free colonies*116
and indejiendent states they had power to levy war ; con- 1776
elude peace; contract alliances; establish commerce;
and to do all other acts and things which independent
states may of right do ; the necessity was originated for
the adoption of some new system of government, as
well to establish and define their relations with each
other, as to regulate their intercourse and relations
with foreign powers. The fabric of association under
which they had hitherto united, was inadequate, in its
nature and provisions, to their present position; inas- Necessity
much as in its formation they had not contemplated a !L*e_£7
separation of themselves from all dependence upon the ment.
British crown. Their confederation was the offspring
of the peculiar circumstances by which they were sur
rounded, and, though not in its original objects or de
sign, was yet in its spirit and its tendencies, of a revo
lutionary character, and may well be denominated a
revolutionary government. It might have availed them
as colonies for all the purposes of resisting the aggres
sions, or staying the oppressions of the parent state,
while that was their only aim ; while each admitted and
felt the necessity of such resistance; and while the
nature and extent of that resistance seemed limited and
defined by the respected sense of allegiance. But when
the sense of allegiance was itself eradicated, and the
object of* resistance was to establish their independence;
when they had brought themselves to feel that they
were no longer an infant community subject to the con
trol of a parent power ; that they had attained to the
full stature, to the maturity, strength and position, of
a gigantic Nation; they felt also that other and far
higher interests depended on the issue of achieving and
sustaining their independence. They felt, that what-
40

626 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The con- ever the force of arms, nerved and wielded by the iridig-
PhUadel- nant resistance of a people rising against their oppres-
phia, 1776. sors an(j resolved upon independence, might accomplish ;
the security and respectability of the position which
they had taken before the world, depended more upon
a' wisely-adapted and well-ordered frame of govern
ment. It was with a deep and solemn sense of the impor
tance of these considerations that the congress assem-
Committee bled at Philadelphia, anticipating the necessity,
tP drafta "Resolved, that a committee be appointed to prepare
form of an(j digest the form of a confederation to be entered
ration, into between these colonies."*
„Tl1Uh' The members appointed upon this committee, pursu-
Archives. ant to the resolution, were, Mr. Bartlett, of New Hamp-
Committee shire ; Mr. S. Adams, of Massachusetts ; Mr. Hopkins,
federation, of Rhode Island; Mr. Sherman, of Connecticut; Mr.
R. E. Livingston, of New York; Mr.  : — , of
New Jersey ; Mr. Dickinson, of Pennsylvania ; Mr. Mc-
Keane, of Delaware ; Mr. Stone, of Maryland ; Mr. Nel
son, of Virginia; Mr. Hewes, of North Carolina; Mr.
Eutledge, of South Carolina; and Mr. Gwinnett, of
Georgia.
First re- The committee, having taken the subject into consid-
committee6 eration, reported a draft of articles on the twelfth day
July 12th. 0f July following ; which being read before the congress
in committee of the whole, it was
Ordered " Ordered, that eighty copies and no more, be printed
printed. for ^ne use 0f £ne members; the printer to be bound
under oath to deliver all the copies which he should
print, together with the copy sheet, to the secretary;
and not to disclose, either- directly or indirectly, the
Secrecy contents of the said confederation : That no member
enjoined. mrnisn any person with his copy, or take any steps by
which the said confederation may be re-printed; and
that the secretary be under the like injunction."
The subject continued to be debated from time to
time, or discussed among the members of the commit-

THE UNITED STATES OF AMERICA. 627
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
tee, and seems to have been attended with a great The con-
deal of difficulty, which rendered it extremely doubtful fhu_del-
whether any confederated union of the colonies as inde-Phia> im
pendent states could be satisfactorily established. Each
began to feel as if it were severally independent, and to j^e^y^
claim a corresponding importance. There were, indeed, proposed
questions of interesting and far-reaching magnitude commeitteei
inyplved in the proposition, whicli were not, and could
not have been, anticipated in their state of dependency
upon the crown, but which now crowded upon their
deliberations with a critical and urgent necessity and
importance. "If a confederation should take place," Difficulties
says John Adams, in a letter written from Philadelphia quest10n.
at this time, " one great question is, how we shall vote ; July 29th.
whether each colony shall count one, or whether each
shall have a weight in proportion to its number, or
wealth, or exports and imports, or a compound ratio of
all ? Another is, whether congress shall have authority
to limit the dominions of each colony ; to prevent those
which claim, by charter, or proclamation, or commis- ^
sion, to the south sea, from growing too great and pow- Archives,
erful, so as to be dangerous' to the rest ? "* 8th series-
On the twentieth of August, the congress being in Second re-
committee of the whole, Mr. Morton reported, that the committee6
committee having under consideration the form of a AuS- 20tl>.
confederation " had gone through the same, and agreed
to sundry articles which he was ordered to submit to
the congress." This report being read, it was " ordered, Ordered
that eighty copies of the articles of confederation as printe "
reported from the committee of the whole, be printed
under the same injunctions as the former articles were
printed ; and delivered to the members under the like
instructions as formerly."
On the tenth of September, Mr. Josiah Bartlett, in
congress, at Philadelphia, writes to Col. Whipple, at
Boston, " nothing has since been done about the con
federation, as the congress is pretty thin, and hurried

628 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The con- with other business." And again* on the fourteenth
Phiiadei- °^ the same month, " the affair of the confederation
¦phia, 1776. rests at present."
Delay of Thus the matter continued to linger in the consid-
fd r°S"n crati°n °f congress, most generally, being deferred on
account of the more immediate necessity of legislation
with reference to the army and the war ; and also be
lts embar- cause of the difficulty of adjusting its various articles
rassments. -_0 _ne satisfaction of the several colonies. The provis
ions which gave rise to the most discussion, as they pro
ceeded, related to the mode of voting ; to the basis of
representation in congress ; to the apportionment of the
general expenses among the states, and their territorial
limits ; to the powers of congress and of the states ;
and to the currency ; all of which were matters of grave
debate and tended to protract their deliberations. Thus
the subject continued to be agitated until the fifteenth
day of November, when the committee reported the
reported following articles, which were agreed to, and adopted
and adopt- by the congress, viz. :
Articles of Confederation and Perpetual Union, be
tween the States of New Hampshire, Massachusetts
Bay, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina,
South Carolina and Georgia.
its style. Art. 1. The style of this confederacy shall be, " The
United States of America."
State sove- Art. 2. Each state retains its sovereignty, freedom,
reignty. an(j independence, and every power, jurisdiction and
right, which is not by this confederation expressly dele
gated to the United States in congress assembled.
The cove- Art. 3. The said states hereby severally enter into a
firm league of friendship with each other, for their com
mon defence, the security of their liberties, and their
mutual and general welfare, binding themselves to as-

THE UNITED STATES OF AMERICA. 629
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
sist each other against all force offered to, or attacks The con-
made upon them, or any of them, on account of reli- |^iad^.
gion, sovereignty, trade, or any otlier pretence what- phia, 1776.
Articles of
ever' confedera-
Art. 4. § 1. The better to secure and perpetuate mu- tion adopt-
tual friendship and intercourse among the people of the i<.th.°T"
different states in this union, the free inhabitants of
each of these states, paupers, vagabonds, and fugitives
from justice excepted, shall be entitled to all privileges
and immunities of free citizens in the several states ;
and the people of each state shall have free ingress and
egress to and from any other state, and shall enjoy inter-
therein all the privileges of trade and commerce, sub- tween the"
ject to the same duties, impositions and restrictions, as statea-
the inhabitants thereof respectively; provided, that
such restrictions shall not extend so far as to prevent
the removal of property imported into any state, to any
other state of which the owner is an inhabitant ; pro
vided also, that no impositions, duties, or restrictions
shall be laid by any state on the property of the United
States, or either of them.
§ 2. If any person guilty of, or charged with treason, Fugitives
felony, or other high misdemeanor in any state, shall ^°™ J"8"
flee from justice, and be found in any part of the Uni
ted States, he shall, upon the demand of the governor
or executive power of the state from which he fled, be
delivered up and removed to the state having jurisdic
tion of his offence.
§ 3. Full faith and credit shall be given in each of State
these states, to the records, acts, and judicial proceed- recor 8"
ings of the courts and magistrates of every other
state. Art. 5. § 1. For the more convenient management Delegates
of the general interests of the United States, delegates *° con"
shall be annually appointed in such manner as the leg
islature of each state shall direct, to meet in congress
on the first Monday in November in every year, with a
power reserved to each state to recall its delegates, or

630

THE GOVERNMENTAL HISTORY OF

Part IV.

THE REVOLUTIONARY UNION OF THE COLONIES

The con
gress at
PhUadel-phia, 1776.
Articles of
confederation adopt
ed Nov.
17th.
Representationin con
gress.

Maintenance of
delegates.
Vote of
each state.
Freedom of speech
and ex
emptionfrom ar
rest.

State em
bassies, alliances,&c.

Treatiesbetween
the states

any of them, at any time within the year, and to send
others in their stead, for the remainder of the year.
§ 2. No state shall be represented in congress by less
than two, nor more than seven members ; and no per
son shall be capable of being a delegate for more than
three years, in any term of six years ; nor shall any
person, being a delegate, be capable of holding any
office under the United States, for which he, or any
otlier for his benefit, receives any salary, fees, or emolu
ment of any kind.
§ 3. Each state shall maintain its own delegates in a
meeting of the states, and while they act as members
of the committee of these states.
_ 4. In determining questions in the United States
in congress assembled, each state shall have one vote.
§ 5. Freedom of speech and debate in congress shall
not be impeached or questioned in any court or place
out of congress, and the members of congress shall be
protected in tlieir persons from arrests and imprison
ments during the time of their going to and from, and
attendance on congress, except for treason, felony, or
breach of the peace.
Art. 6. § 1. No state, without the consent of the
United States in congress assembled, shall send an em
bassy to, or receive any embassy from, or enter into
any conference, agreement, alliance, or treaty with any
king, prince, or state, nor shall any person holding any
office of profit or trust under the United States, or any
of them, accept of any present, emolument, office or
title, of any kind whatever, from any king, prince, or
foreign state; nor shall the United- States in congress
assembled, or any of them, grant any title of nobility.
§ 2. No two or more states shall enter into any treaty,
confederation or alliance whatever, between them, with
out the consent of the United States in congress as
sembled, specifying accurately the purposes for which
the same is to be entered into, and how long it shall
continue.

THE UNITED STATES OF AMERICA. 631
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
§ 3. No state shall lay any imposts or duties which The con-
may interfere with any stipulations in treaties entered p__k___.
into by the United States, in congress assembled, with phia, 1776.
any king, prince, or state, in pursuance of any treaties duties, &c.
already proposed by congress to the courts of France
and Spain.
§ 4. No vessels of war shall be kept up in time of
peace by any state, except such number only as shall
be deemed necessary by the United States in congress
assembled, for the defence of such state, or its trade ;
nor shall any body of forces be kept up by any state, in
time of peace, except such number only as, in the judg- Vessels of
ment of the United States in congress assembled, shall mmtary
be deemed requisite to garrison the forts necessary for forces.
the defence of such state ; but every state shall always
keep up a well regulated and disciplined militia, suffi
ciently armed and accoutred, and shall provide and
constantly have ready for use, in public stores, a due
number of field-pieces and tents, and a proper quantity
of arms, ammunition, and camp equipage.
§ 5. No state shall engage in any war without the War.
consent of the United States in congress assembled,
unless such state be actually invaded by enemies, or
shall have received certain advice of a resolution being
formed by some nation of Indians to invade such state,
and the danger is so imminent as not to admit of delay
till the United States in congress assembled can be con
sulted ; nor shall any state grant commissions to any
ships or vessels of war, nor letters of marque or repri
sal, except it be after a declaration of war by the Uni
ted States in congress assembled, and then only against
the kingdom or state, and the subjects thereof, against
which war has been so declared, and under such regu
lations as shall be established by the United States in
congress assembled ; unless such state be infested by
pirates, in which case vessels of war may be fitted out
for that occasion, and kept so long as the danger shall

632 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The con- continue, or until the United States in congress assem-
Phlkdei- D^e(^ sna^ determine otherwise.
phia, 1776. Art. 7. When land forces are raised by any state for
confedera- the common defence, all officers of or under the rank '
tionadopt- 0f colonel, shall be appointed by the legislature of each
nth. state respectively by whom such forces shall be raised,
Land 0r in such manner as such state shall direct, and all
forcGS how
officered, vacancies shall be filled up by the state whicli first made
the appointment.
Expenses Art. 8. All charges of war, and all other expenses
how tobe" that shall be incurred for the common defence or gen-
levied. eral welfare, and allowed by the United States in con
gress assembled, shall be defrayed out of a common
treasury, which shall be supplied by the several states,
in proportion to the value of all land within each state,
granted to or surveyed for any person, as such land and
the buildings and improvements thereon shall be esti
mated, according to such mode as the United States in
congress assembled shall, from time to time, direct and
appoint. The taxes for paying that proportion shall be
laid and levied by the authority and direction of the
legislatures of the several states within the time agreed
upon by the United States in congress assembled.
Powers of Art. 9. _ 1. The United States in congress assem-
the con- Dje(j s\ia\\ have the sole and exclusive right and power
gress, and ° r
restrictions of determining on peace and war, except in the cases
states? mentioned in the sixth article ; of sending and receiv
ing ambassadors ; entering into treaties and alliances ;
provided that no treaty of commerce shall be made,
whereby the legislative power of the respective states
shall be restrained from imposing . such imposts and
duties on foreigners, as their own people are sub
jected to, or from prohibiting the exportation or import
ation of any species of goods or commodities whatso
ever; of establishing rules for deciding in all cases
what captures on land or water shall be legal ; and in
what manner prizes taken by land or naval forces in
the service of the United States shall be divided or ap-

THE UNITED STATES OF AMERICA. 633
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
propriated ; of granting letters of marque and reprisal The con-
in times of peace ; appointing courts for the trial of p™j____i-
piracies and felonies committed on the high seas ; and Phia. 1>}16-
establishing courts for receiving and determining finally cJnfedera-
appeals in all cases of captures ; provided that no mem- tion adopt-
ber of congress shall be appointed a judge of any of
the said courts.
§ 2. The United States in congress assembled, shall
also be the last resort on appeal in all disputes and dif
ferences now subsisting, or that hereafter may arise
between two or more states concerning boundary, juris
diction, or any other cause whatever ; which authority
shall always be exercised in the manner following:
Whenever the legislative or executive authority or law
ful agent of any state in controversy with another,
shall present a petition to congress, stating the matter
in question, and praying for a hearing, notice thereof
shall be given by order of congress to the legislative or
executive authority of the other state in controversy,
and a day assigned for the appearance of the parties by Congress
their lawful agents, who shall then be directed to ap-^™^
point, by joint consent, commissioners or judges to con- the last re
stitute a court for hearing and determining the matter
in question ; but if they cannot agree, congress shall
name three persons out of each of the United States,
and from the list of such persons each party shall alter
nately strike out one, the petitioners beginning, until
the number shall be reduced to thirteen ; and from
that number not less than seven, nor more than nine,
names, as congress shall direct, shall, in the presence
of congress, be drawn out by lot; and the persons
whose names shall be so drawn, or any five of them,
shall be commissioners or judges, to hear and finally
determine the controversy, so always as a major part
of the judges who shall hear the cause, shall agree in
the determination : and if either party shall neglect to
attend at the day appointed, without, showing reasons
which congress shall judge sufficient, or being present;

634 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The con- shall refuse to strike, the congress shall proceed to
PMadel- Nominate three persons out of each state, and the sec-
phia, 1776. retary of congress shall strike in behalf of such party
Articles of aDsent Qr refusing ; and the judgment and sentence of
tion adopt- the court, to be appointed in tlie manner before pre-
1 0T" ' scribed, shall be final and conclusive ; and if any of the
parties shall refuse to submit to the authority of such
court, or to appear or defend their claim or cause, the
court shall nevertheless proceed to pronounce sentence,
or judgment, which shall in like maimer be final and
decisive ; the judgment or sentence and other proceed
ings being in either case transmitted to congress, and
lodged among the acts of congress, for the security of
the parties concerned: provided, that every commis
sioner, before he sits in judgment, shall take an oath,
to be administered by one of the judges of the supreme
or superior court of the state where the cause shall be
tried, " well and truly to hear and determine the mat
ter in question, according to the best of his judgment
without favor, affection, or hope of reward." Pro
vided, also, that no state shall be deprived of territory
for the benefit of the United States.
§ 3. All controversies concerning the private right
of soil claimed under different grants of two or more
states, whose jurisdiction, as they may respect such
Jurisdic- lands and the states which passed such grants are ad-
congress justed, the said grants of either of them being at the
as to right Same time claimed to have originated antecedent to
such settlement of jurisdiction, shall, on the petition
of either party to the congress of the United States, be
fully determined, as near as may be, in the same man
ner as is before prescribed for deciding disputes respect
ing territorial jurisdiction between different states.
Value of ^ 4. Ti_e United States in congress assembled, shall
Weights a^s0 *iave the sole and exclusive right and power of
and meas- regulating the alloy and value of coin struck by their
own authority, or by that of the respective states ; fix
ing the standard of weights and measures throughout

THE UNITED STATES OF AMERICA. 635
UNDER THE DECLARATION OF INDEPENDENCE. PAST IV.
the United States ; regulating the trade, and managing The con-
all affairs with the Indians, not members of any of the fhliadei-
states ; provided that the legislative right of any state, phia, 1776.
within its own limits, be not infringed or violated ; f^kdert
establishing and regulating post-offices from one state tionadopt-
to another, throughout all the United States, and
exacting such postage on the papers passing through
the same, as may be requisite to defray the expenses of
the said office ; appointing all officers of the land forces
in the service of the United States, excepting regi- Army,
mental officers ; appointing all the officers of the naval omce| &c.
forces, and commissioning all officers whatever in the
service of the United States: making rules for the
government and regulation of the said land and naval
forces, and directing their operations.
& 5. The United States in congress assembled, shall Commit-
tfiG of tnP
have authority to appoint a committee to sit in the states.
recess of congress, to be denominated "A Committee
ofthe States," and to consist of one delegate from each
state : and to appoint such other committees and civil
officers as may be- necessary for managing the general
affairs of the United States under their direction ; to
appoint one of their number to preside ; provided that
no person be allowed to serve in the office of president
more than one year in any term of three years ; to _ts jur_,.
ascertain the necessary sums of money to be raised for diction and
cowers
the service ofthe United States, and to appropriate
and apply the same for defraying the public expenses ;
to borrow money or remit bills on the credit of the
United States, transmitting every half year to the
respective states an account of the sums of money so
borrowed or remitted ; to build and equip a navy ; to
agree upon the number of land forces, and to make
requisitions from each state for its quota, in proportion
to the number of white inhabitants in such state, which
requisition shall be binding ; and thereupon the legis
lature of each state shall appoint the regimental offi
cers, raise the men, clothe, arm, and equip them, in a

636 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies.
The con- soldier-like manner, at the expense of the United
PhUadel- States ; and the officers and men so clothed, armed and
phia, 1776. equipped, shall march to the place appointed, and
confederal within the time agreed on by the United States in con-
tion adopt- gress assembled ; but if the United States in congress
e ov' ' assembled shall, on consideration of circumstances,
judge proper that any state should not raise men, or
should raise a smaller number than its quota, and that
any other state should raise a greater number of men
than the quota thereof, such extra number shall be
raised, officered, clothed, armed and equipped in the
same manner as the quota of such state, unless the
legislature of such state shall judge that such extra
number cannot be safely spared out the same, in which
case they shall raise, officer, clothe, arm, and equip, as
many of such extra number as they judge can be safely
spared, and the officers and men so clothed, armed,
and equipped, shall march to the place appointed, and
witliin the time agreed on by the United States in con
gress assembled.
Powers by § 6. The United States in congress assembled shall
nine states, never engage in a war, nor grant letters of marque and
reprisal in time of peace, nor enter into any treaties or
alliances, nor coin money, nor regulate the value
thereof, nor ascertain the sums and expenses necessary
for the defence and welfare of the United States, or
any of them, nor emit bills, nor borrow money on the
credit of the United States, nor appropriate money,
nor agree upon the number of vessels of war to be
built or purchased, or the number of land or sea forces
to be raised, nor appoint a commander-in-chief of the
army or navy, unless nine states assent to the same ;
Majority nor shall a question on any other point, except for ad-
of votes to journing. from day to day, be determined, unless by
the votes of a majority of the United States in congress
assembled.
men°tUof " § 7- The congress of the United States shall have
congress, power to adjourn to any time within the year, and to

THE UNITED STATES OF AMERICA. 637
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
any place within the United States, so that no period The con-
of adjournment be for a longer duration than the space p£j^dg£
of six months; and shall publish the journal of tlieir phia, 1776.
proceedings monthly, except such parts thereof r^_^der*
lating to treaties, alliances, or military operations, as tion adopt-
in their judgment require secrecy ; and the yeas and i^^'
nays of the delegates of each state, on ariy question,
shall be entered on the journal, when it is desired by
any delegate ; and the delegates of a state, or any of
them, at his or their request, shall be furnished with a
transcript of the said journal, except such parts as are
above excepted, to lay before the legislature of the sev
eral states.
Art. 10. The committee of the states, or any nine Further
of them, shall be authorized to execute, in the recess t^comm.
of congress, such of the powers of congress as the of the
United States, in congress assembled, by the consent
of nine states, shall, from time to time, think expedient
to vest them with ; provided that no power be delegated
to the said committee, for the exercise of which, by
the articles of confederation, the voice of nine states,
in the congress of the United States assembled, is
requisite. Art. 11. Canada acceding to this confederation, Admission
and joining in the measures ofthe United States, shall °£dCa™edra
be admitted into and entitled to all the advantages of colonies.
this union: But no other colony shall be admitted
into the same, unless such admission be agreed to by
nine states.
Art. 12. All bills of credit emitted, moneys bor- Public
rowed, and debts contracted, by or under the authority p*_dged
of congress, before the assembling of the United States, t^»Us °f
in pursuance of the present confederation, shall be
deemed and considered as a charge against the United
States, for payment and satisfaction whereof the said
United States aud the public faith are hereby solemnly
Pledg6d- ,. « V* K «. , * • ofToT^
Art. 13. Every state shall abide by the determina- gress.

638 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The con- tion of the United States in congress assembled, in alL
Phiiadei- questions which, by this confederation, are submitted
phia, 1776. to them. And the articles of this confederation shall
Duration be inviolably observed by every state, and the union
federation! shall be perpetual: nor shall any alteration at any
time hereafter be made in any of them, unless such
alteration be agreed to in a congress of the United
States, and be afterwards confirmed by the legislature
of every state."
Reference It was then further provided, that "These articles
ciestoar '"shall be proposed to the legislatures of all the United
the states. States, to be considered, and if approved of by them,
they are advised to authorize their delegates to ratify
the same in the congress of the United States ; which
being done, the same shall become conclusive."
Whereupon, "the committee appointed to revise and
arrange the articles were ordered, to have three hund-
of co™a S re<^ c°pies printed and lodged with the secretary, to be
gress, subject to the future order of congress."*
Immediately after the adoption of the Articles of Con
federation, a committee was appointed by the congress
to prepare a circular letter to accompany them, a draft
of which was reported on the seventeenth day of the
same month, and adopted, as follows, viz. :
Circular "In Congress, York-Town,^ Nov. 17, 1776.
the Ton- " Congress having agreed upon a plan of confederacy
gress to the for securing the freedom, sovereignty and independence
Nov. 17th. of the United States, authentic copies are now trans
mitted for the consideration of the respective legisla-
Causesof tures.
preparing " ^n*s business, equally intricate and important, has,
thearticies. in its progress, been attended with uncommon embar-
t During the month of September, the president of congress received
a letter from Colonel Hamilton, then one of General Washington's aids,
intimating the approach of the royal army, and the necessity of remov
ing the congress immediately from Philadelphia ; whereupon the mem
bers left the city and repaired to Lancaster, and thence to York-Town.

THE UNITED STATES OF AMERICA. 639
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
rassments and delay, which the most anxious solicitude Circular
and persevering diligence could not prevent. To form the'con-
a permanent union, accommodated to the opinions and gresstothe
wishes of the delegates of so many states, differing in upon the
habits, produce, commerce, and internal police, wasartl^sof
found to be a work which nothing but time and reflec-tion, Nov.
tion, conspiring with a disposition to conciliate, could '
mature and accomplish.
"Hardly is it to be expected that any plan, in the Character
variety of provisions essential to our union, should0 ePan>
exactly correspond with the maxims and political views
of every particular state. Let it be remarked that
after the most careful inquiry and the fullest informa
tion, this is proposed as the best which could be adapted
to the circumstances of all ; and as that alone, which
affords any tolerable prospect of general ratification.
" Permit us then earnestly to recommend the articles Recom-
to the immediate and dispassionate attention of the ™etnidsatl0n
legislatures of the respective states. Let them be can- states.
didly reviewed under a sense of the difficulty of com
bining in one general system the various sentiments
and interests of a continent divided into so many sov
ereign and independent communities, under a convic
tion of the absolute necessity of uniting all our coun
cils and all our strength to maintain and defend our
common liberties : Let them be examined with a lib- Urging
erality becoming brethren and fellow-citizens surround- ^^Sau"^
ed by the same eminent dangers, contending for the amination.
same illustrious prize, and deeply interested in being
forever bound and connected together by ties the most
intimate and indissoluble : And, finally, let them be
adjusted with the temper and management of wise and
patriotic legislators, who, while they are concerned for
the prosperity of their own more immediate circle, are
capable of rising superior to local attachments when
they may be incompatible with the safety, happiness,
and glory, of the general confederacy. Further
° v . ., .. , . , , delay una-
"We have reason to regret the time which has voidable.

640 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
Circular elapsed in preparing this plan for consideration ; with
thewm- additional solicitude we look forward to that which
gress to the must be necessarily spent before it can be ratified.
upon the Every motive loudly calls upon us to hasten its con-
articles of ciusion.
confedera- .-¦••••noi
tion, Nov. " More than any other consideration, it will confound
17th, 1776. our forejgn enemies, defeat the flagitious practices of
Import- the disaffected, strengthen and confirm our friends,
ratifica- support our public credit, restore the value of our
tion. money, enable us to maintain our fleets and armies,
and add weight and respect to our councils at home
and our treaties abroad.
Its neces- " In short, this salutary measure can no longer be
sity and <_eferre(_. it seems essential to our very existence as
urgency. *
a free people, and without it we may be constrained to
bid adieu to independence, to liberty, and safety — bless
ings which, from the justice of our cause, and the favor
of our Almighty Creator visibly manifested in our pro-
Recogni- tection, we have reason to expect ; if, in an humble
Prov°i- dependence on his Divine Providence, we strenuously
dence. exert the means which are placed in our power.
To the ex- "To conclude, if the legislature of any state shall
ecutiveandn0u be assembled, congress recommend to the execu-
of the tive authority to convene it, without delay ; and to
each respective legislature it is recommended to invest
its delegates with competent powers ultimately, in the
name and behalf of the state, to subscribe articles of
confederation and perpetual union of the United States ;
and to attend congress for that purpose on or before
the  day of  ."
Copies or- Whereupon it was " Ordered, that thirteen copies be
dered for made out and signed by the president, and forwarded
the states. to the several states, with copies of the confederation."
To be On the twenty-ninth day of November, congress fur-
intoSlated tner "Resolved, that a committee of three be appointed
French, to procure a translation to be made of the articles of
confederation into the French language, and to report

Address to

Canada, an address to the inhabitants of Canada, &c, &c."

THE UNITED STATES OF AMERICA. 641
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
While the states are deliberating upon the articles Treaties of
of confederation, we find the congress engaged in mat- ^"^
ters quite as interesting and important, bearing with France.
equally material and lasting relations upon our govern
mental history. Next to their own union, nothing
could be more important to them than the recognition
of their national existence by foreign powers. And
when, in the month of September, 1776, Benjamin The com-
Franklin, Silas Deane and Arthur Lee were secretly ™HJ*°d aP*
commissioned by the congress plenipotentiaries to the negotiate
court of France, to negotiate a treaty of alliance and^h an°e
friendship with that power, they ventured upon anF^nce.
experiment necessary indeed, but still of critical and
momentous interest to themselves not only, but also to
all mankind. It was therefore with peculiar anxiety
that they awaited the result of that mission.
Harassed by the perplexities of legislatiori necessary General
to provide for the deficiencies of an embarrassed treas- ^ na^a\™
ury, to meet the wants of restless and desponding in the
officers and troops, to guard against the strategy of a con£ress-
wily and inveterate foe ; uncertain and disturbed in
their sessions ; with the bond of union between them
selves yet in painful doubt ; the congress adjourned on
Saturday, the second day of May, 1778, "to ten'
o'clock on Monday ; " coveting and welcoming, as
thousands have done before and since, the repose and
refreshing of the intervening Sabbath.
During this adjournment, Mr. Simeon Deane, brother Arrival of
of Silas Deane, Esquire, one of the commissioners at sP^Jadls"
the court of Versailles, arrived express from France, from
with sundry important despatches; whereupon con- Mray ^
gress was convened, and the despatches opened and 1^s-
read. Among them was found an Act Separate andc°^^a
Secret, a treaty of Amity and Commerce, and a treaty and dis-
of Alliance, concluded "between his most Christian opened.
Majesty, the King of France, and the United States Treaties
of America, on the sixth day of February, 1778."
This was the most brilliant and cheering ray of
41

642

¦THE GOVERNMENTAL HISTORY OF

Part IV.

THE REVOLUTIONARY UNION OF THE COLONIES

Treaties
of aUiance
with
France, 1778.

Effect of.

Resolu
tions of
ratifica tion.

Resolutionof thanks
upon.

promise which had yet dawned upon the militant
fathers of freedom in America. It illumined the whole
continent. It inspirited the congress, the colonies, the
army, and the people, with new and more vigorous
hope and energy, and had also a quickening influence
upon the fate of the confederation. Indeed, so over
joyed was the congress at their reception, that they
took them into consideration Monday, May fourth, at
ten o'clock, A.M., and heard them read; then adjourned
to three o'clock in the afternoon, when they met again
and "resumed the consideration of the Treaty of Amity
and Commerce ; and the same being read, duly weighed
and considered, it was
"Eesolved unanimously, That the same be and here
by is ratified."
They then took into consideration the Treaty of Alli
ance ; and the same being read, duly weighed and
considered, "Eesolved unanimously, That the same be and here
by is ratified."
They then took into consideration" the Act Separate
and Secret ; and the same being duly weighed and con
sidered, " Eesolved unanimously, That the same be and here
by is ratified." Also,
"Eesolved, That this congress entertain the highest
sense of the magnanimity and wisdom of his Most
Christian Majesty, so strongly exemplified in the Treaty
of Amity and Commerce, and the Treaty of Alliance,
entered into on the part of his Most Christian Majesty,
with these United States, at Paris, on the 6th day of
February last ; and the commissioners or any of them
representing these states, at the Court of France, are
directed to present the grateful acknowledgments of
this congress to his Most Christian Majesty, for his truly
magnanimous conduct, respecting these states, in the
said generous and disinterested treaties ; and to assure
his Majesty, on the part of this congress, it is sincerely

THE UNITED STATES OF AMERICA. 643
UNDER THE DECLARATION OF INDEPENDENCE PART IV.
wished that the friendship so happily commenced, be- Treaties of
tween France and these United States, may be per-^^Jj
petual." prance. „
* _ _, . i. ,1 -i ¦ . i. i Action of
" Eesolved, That a committee of three be appointed congress
to prepare the form of a ratification of the foregoing l^nffil
Treaties." The members appointed on this committee were, Mr. Committee
E. H. Lee, Mr. Dana, and Mr, Drayton ; who reported o^th" 6
a draft the next day, which was read and adopted as ratinca-
followsj viz. :
" The Congress of the United States of New Hamp- Form of
shire; Massachusetts Bay; Ehode Island and Provi-™1^^011
dence Plantations; Connecticut; New York; Newand ad°pt-
Jersey ; Pennsylvania ; Delaware ; Maryland ; Virginia ; _th.
North Carolina; South Carolina; and Georgia; by the
grace of God, Sovereign, Free and Independent ; to all
who shall see these presents, Greeting.
" Whereas, in and by our commission, dated at Phila
delphia, the thirtieth day of September, in the year of our
Lord one thousand seven hundred and seventy-six;
Benjamin Franklin, one of the delegates in congress
from the state of Pennsylvania, and president of the
convention of the said state; Silas Deane, late a
delegate from the state of Connecticut ; and Arthur Lee,
barrister at law; were nominated and appointed our
commissioners, with full powers to treat, agree, and
conclude with his most Christian Majesty, the king of
France ; or with such persons as should be by him for
that purpose authorized, of and upon a true and sincere
friendship, and a firm, inviolable, and universal peace,
for the defence, protection, and safety of the navigation
and mutual commerce of the subjects of his most Chris
tian Majesty and the people of the United States, we?
promising in good faith to ratify whatsoever our said
commissioners should transact in the premises; And
whereas our said commissioners in pursuance of their
full powers, on the sixth day of February last, at Paris,
with Conrad Alexander Gerard, royal syndic of the

644 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
Treaties of city of Strasburg, secretary of his most Christian Majes-
¦J S I I ¦[ T J (* ' '
&c. with ty's Council of State ; by virtue of powers plenipoten-
^ance' tiary to him granted by his most Christian Majesty, and
dated the 30th day of January, in the year of our Lord
one thousand seven hundred and seventy-eight, did con
clude and sign, on the part of the crown of France,
and of the United States of America, a (Treaty of
Amity and Commerce, or Treaty of Alliance, or Act
Separate and Secret,) in the following words (here
inserting the respective Treaties, verbatim, French and
English.) "Now know ye, that We, the said congress, have
unanimously ratified and confirmed, and by these pres-
ratiflcation ents do ratify and confirm the said treaty and every
the con-^P3,1-^ article and clause thereof, on our part concluded
gress, May and signed as aforesaid; and further, do authorize and
direct our commissioners at the court of France, or any
of them, to deliver this our act of ratification in ex
change for the ratification of the said treaty, on the
part of his most Christian Majesty, the king of France
and Navarre.
"Done in Congress, at York Town, in the State of
Pennsylvania, this 4th day of May, in the year of our
Lord one thousand seven hundred and seventy-eight.
In testimony whereof, the president, by order of the
said congress, hath hereunto subscribed his name and
affixed his seal. * * * * President, [l. s.J
Attest, * * * Secretary."
Copies or- Whereupon six copies of the treaties, with the rati-
treanSdmi°t.be fication agreed to, were ordered to be made out and
ted to transmitted by the Committee for Foreign affairs to the
commissioners of the United States at the court of
France, by different conveyances. The committee, ap
pointed to prepare the form of ratification were then
further instructed to prepare "a proper publication on
the present occasion."
Pubiica- This publication commenced with a recital of the fact
fact. of the reception of the treaties by the congress, and

THE UNITED STATES OF AMERICA. 645
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
their action upon them, suggests resolutions providing
for their faithful performance, and recommends " to all
the inhabitants of these states to consider the subjects
of his Most Christian Majesty as their brethren and
allies; and that they behave towards them with the
friendship and attention due to the subjects of a great
prince, who, with the highest magnanimity and wisdom,
hath treated with these United States on terms of per
fect equality and mutual advantage, thereby rendering
himself the protector of the rights of mankind."* 1?™™°**
f The Treaty of Amity and Commerce was as follows, g^ss.
to wit: Treaty of Amity and Commerce.
" The Most Christian King and the thirteen United The treaty
States of North America, viz. : — (naming them,) willing and™o___
to fix, on an equitable and permanent manner, the rule merce with
which ought to be followed relative to the correspond- Feb., i7<?8.
ence and commerce which the two parties desire to
establish between their respective countries, states and •
subjects ; his Most Christian Majesty and the said United
States have judged that the said end could not be better
attained that by taking for the basis of their agreement Basis of
the most perfect equality and reciprocity, and by care-mlg_asree'
fully avoiding all those burthensome preferences which
are usually sources of debate, embarrassment, and dis
content; by leaving also each party at liberty to 'make,
respecting navigation and commerce, those interior
regulations which it shall find most convenient to itself;
and by founding the advantage of commerce solely
upon reciprocal utility and the just rules of free inter
course ; reserving withal, to each party, the liberty of
admitting at its pleasure other nations to a participation
of the same advantages. It is in the spirit of this inten
tion, and to fulfill these views, that his said majesty,
having named and appointed for his plenipotentiary J>le™P?" t cut lanes,
•(¦ The Treaties were not made public at this time, but I insert them in
this connection to preserve the chronological arrangement.

646 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The treaty Conrad Alexander Girard, royal syndic of the city of
and com- Strasburg, secretary of His Majesty's Council of State ;
merce with ana the United States, on their part, having fully em-
Feb., 1778. powered Benjamin Franklin, deputy from the state of
Pennsylvania to the general congress, and president of
' the convention of said state ; Silas Deane, late deputy
from the state of Connecticut, to the said congress ; and
Arthur Lee, counsellor at law; the said respective
Plenipotentiaries, after exchanging their powers, and
after mature deliberation, have concluded and agreed
upon the following Articles:
The com- " Art. 1. There shall be a firm, inviolable, and uni-
amity! versal peace, and a true and sincere friendship, between
the Most Christian King, his heirs and successors, and
the United States of America ; and the subjects of the
most christian, king and of the said states; and be
tween the countries, islands, cities, and towns, situate
under the jurisdiction of the most christian king, and
of the said United States, and the people and inhabit
ants of every degree without exception of persons or
places ; and the terms hereinafter mentioned, shall be
perpetual between the most christian king, his heirs
and successors, and the said United States.
Commerce "Art. 2. Tlie most christian king and the United
oftern* States engage mutually not to grant any particular favor
tions. to otlier nations in respect to navigation and com
merce, which shall not immediately become common to
the other party, who shall enjoy the same favor freely,
if the concession was freely made, or on allowing the
same compensation if the concession was conditional.
Imposts "Art. 3. Tlie subjects of 'the most christian king shall
nities™""1* Pav m the ports, havens, roads, countries, islands, cities,
French 0r towns of the United States, or any of them, no
subjects in , - . . " ,
America, other or greater duties or imposts, ot what nature
soever they may be, or by what name soever called,
than those which the nations most favored are, or shall
be, obliged to pay : And they shall enjoy all the rights,
liberties, privileges, immunities, and exceptions in

THE UNITED STATES OF AMERICA. 647
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
trade, navigation, and commerce, whether in passing The treaty
from one port in the said states to another, or in going °[™^.
to and from the same from and to any part of the merce with
. , . , t -n • France,
world, which the said nations do, or shall, enjoy. Feb. 1778.
"Art. 4. Tlie subjects, people, and inhabitants, qf 'Imposts
the said United States, and each of them, shall not payees of
in the ports, havens, roads, isles, cities, and places ^ricans
under the dominion of his most christian majesty, in French do-
Europe, any other or greater duties or imposts, of what™11"0118,
nature soever they may be, or by what name soever
called, than those which the most favored nations are,
or shall be, obliged to pay ; and they shall enjoy all the
rights, liberties, privileges, immunities, and exemptions,
in trade, navigation, and commerce, whether in passing
from one port in the said dominions in Europe to
another, or in going to and from the same from or tQ
any part of the world, which the said nations do, or
shall, enjoy.
" Art. 5. In the above exemption is particularly com- Particular
t, i t i j. exemp-
prised the imposition of one hundred sous per ton tion.
established in France, on foreign ships, unless when
the ships of the United States shall load with the mer
chandize of France for another port of the same domin
ion, in which case the said ships shall pay the duty
above mentioned, so long as other nations the most
favored shall be obliged to pay it ; but it is understood
that the said United States, or any of them, are at lib
erty, when they shall judge it proper, to establish a
duty equivalent in the same case.
" Art. 6. The most christian king shall endeavor, by France to
, , „ , 11 protect the
all the means in his power, to protect and aelend. all vessels and
vessels, and the effects, belonging to the subjects, peo-P™P^>f
pie or inhabitants of the said United States, or any of citizens.
them, being in his ports, havens, or roads, or on the
seas near to his countries, islands, cities, or towns, and
to recover and restore to the right owners, their agents,
or attornies, all such vessels and effects which shall be
taken within his jurisdiction ; and the ships of war of

648 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies.
The treaty ]_is most christian majesty, or any convoy saihng under
and com- his authority, shall upon all occasions take under their
merce with protection all vessels belonging to the subjects, people,
Feb. 1778. or inhabitants, of the said United States, or any of them,
and holding the same course or going the same way ;
and shall defend such vessels as long as they hold the
same course, or go the same way, against all attacks,
force, or violence, in the same manner as they ought
to protect and defend the vessels belonging to the sub
jects of the most christian king.
TheU.S.A. "Art. 7. In like manner the said United States, and
French60 their ships of war, sailing under their authority, shall pro-
vessels, &c.tect an(j defend conformably to the tenor of the pre
ceding article, all the vessels and effects belonging to
the subjects of the most christian king, and use all their
endeavors to recover and cause to be -restored the said
vessels and effects that shall have been taken within the
jurisdiction of the said United States or any of them.
France to "Art. 8. The most christian king will employ his
otherfor- good offices and interposition, with the king or emperor
eign ahi- 0f ]\_orocco 0r Fez, the regencies of Algiers, Tunis, and
the U.S. A. Tripoli, or with any of them, and also with every other
prince, state or power, of the coasts of Barbary in
Africa, and with the subjects of the said king, emperor,
states and powers, and each of them, their subjects,
people, and inhabitants, and their vessels and effects,
against all violence, insults, attacks, or depredations,
on the part of the said princes, and states of Barbary,
or their subjects.
Regulation ^RT- ^' ^ie sutyects) inhabitants, merchants, com-
ofnsheries. manders of ships, masters and marines of the states,
provinces, and dominions, of each party respectively,
shall abstain and forbear to fish in all places possessed,
or which shall be possessed, by the other party. The
most christian king's subjects, shall not fish in the
havens, bays, creeks, roads, coasts, or places, which the
said United States hold, or shall hereafter hold: And
in like manner the subjects, people, and inhabitants, of

THE UNITED STATES OF AMERICA. 649
UNDER THE DECLARATION OF INDEPENDENCE. PART IV-
the said United States shall not fish in the havens, bays, The treaty
creeks, roads, coasts or places, which the most chris-of amitT
' ' r ' _ and com-
tian king possesses, or shall hereafter possess; and if merce with
any ship or vessel shall be found fishing contrary to ^^iiis.
the tenor of this treaty, the said ship or vessel, with its
lading, proof being made thereof, shall be confiscated.
It is, however, understood that the exclusion stipulated
in the present article, shall take place only so long and
so far as the most christian king, or the United States,
shall not, in this respect, have granted an exemption to
some other nation.
"Art. 10. The United States, their citizens and ^Fisheries
habitants, shall never disturb the subjects of the most Bank of
christian king in the enjoyment and exercise of the ^founii"
right of fishing on the Banks of Newfoundland ; nor
in the indefinite and exclusive right wliich belongs to
them on that part of the coast ef that island, which is
designed by the Treaty of Utrecht ; nor in the rights
relative to all and each of the isles which belong to his
most christian majesty, the whole conformable to the
true sense of the treaties of Utrecht and Paris.
("Art. 11th and 12th were suppressed by mutual
agreement of the contracting parties, Sept. 1778, and
were not made public.)
"Art. 13. The subjects and inhabitants of the said American
United States, or any one of them, shall not be reputed exemPted
aubenes in France, and consequently shall be exempted *™™ *^
from the droit d' aubene, or other similar duty under bene.
what name soever ; they may by testament, donation,
or otherwise, dispose of their goods movable and im
movable, in favor of such persons as to them shall seem
good, and their heirs, subjects of the said United States,
residing whether in France, or elsewhere, may succeed
them, ab inlestat, without being obliged to obtain let
ters of naturalization, and without having the effects
of this concession contested or impeded under pretext
of any rights or prerogatives of provinces, cities, or
private persons ; and tbe said heirs, whether such by

650 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies,
The treaty particular title or ab intestat, shall be exempt from all
and com- ^uty called droit de' detraction, or other duty of the
merce with same kind ; saving nevertheless the local rights or
FetLms. duties, as much, and as long as similar ones are not
Also from established by the United States, or by any of them.
de? __°rac. The subjects of the most christian king shall enjoy on
tion. their part, in all the dominions of the said states, an
emptions entire and perfect reciprocity relative to the stipulations
reciprocal, contained in the present article. But it is agreed, at
the same time, that its contents shall not affect the
laws made, or that may be made hereafter, in France,
against emigrations ; which shall remain in all their
Limitation force and rigor, and the United States on their part, or
article arLJr °^ them shall be at liberty to enact such laws rela
tive to that matter as to them shall seem proper.
Merchant " Art. 14. The merchant ships of either of the par-
pectedof ^es> wmc^ shall be making unto a port belonging to the
contra- enemy of the otlier ally, and concerning whose voyage
and the specific goods on board them there shall be
just grounds of suspicion, shall be obliged to exhibit,
as well upon the high seas as in the ports and havens,
not only their passports, but likewise certificates, ex
pressly showirig that their goods are not of the num
ber of those which have been prohibited as contraband.
Contra- "Art. 15. If, by the exhibiting of the above said
bands how certificates, the other party discover there are any of
with. those sort of goods which are prohibited and declared
contraband, and consigned for a port under the obedi
ence of his enemy, it shall not be lawful to break up
the hatches of such ship, or to open any chest, coffers,
packs, casks, or any other vessels, found therein, or to
remove the smallest parcels of her goods, whether
such ship belongs to the subjects of France, or the
inhabitants of the said United States, unless the lading
be brought on shore in the presence of the officers of
the court of admiralty, and an inventory thereof made ;
but there shall be no allowance to sell, exchange, or
alienate the same in any maimer, until after that due

THE UNITED STATES OF AMERICA. 651
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
and lawful process shall have been had against such The treaty
prohibited goods, and the court of admiralty shall, by ^a™^.
a sentence pronounced, have confiscated the same ; merce with
saving always as well the ship itself, as any other goods FeD., 1776.
found therein, which by this treaty are to be esteemed
free ; neither may they be detained on pretence of baruUot
their being as it were infected by the prohibited goods, *° c°ntam-
much less shall they be confiscated as lawful prize. goods.
"But if not the whole cargo, but only a part thereof,
shall consist of prohibited or contraband goods, and
the commander of the ship shall be ready and willing
to deliver them to the captor, who has discovered
them ; in such case the captor having received those
goods, shall forthwith discharge the ship, and not hin
der her by any means, freely to prosecute the voyage
on which she was bound ; but in case the contraband
merchandize cannot be all received on board the ves
sel of the captor, then the captor may, notwithstanding
the offer of delivering him the contraband goods, carry
the vessel into the nearest port, agreeable to what is
above directed.
"Art. 16. On the contrary, it is agreed, that what- Contra, of
ever shall be found to be laden by the subjects and _°° in an
inhabitants of either party, on any ship belonging to enemy's
the enemies of the other, or to their subjects, the
whole, although it be not of the sort of prohibited
goods, may be confiscated in the same manner as if it
belonged to the enemy, except such goods and mer
chandize as were put on board such ship before the
declaration of war, or even after such declaration, if so Except in
be it were done without the knowledge of such declar- certainC&S68
ation ; so that the goods of the subjects and people of
either party, whether they be of the nature of such as
were prohibited, or otherwise, which, as is aforesaid,
were put on board any ship belonging to an enemy
before the war, or after the declaration of the same,
without the knowledge of it> shall no ways be liable to
confiscation, but shall well and truly be restored with-

652 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The treaty out delay to the proprietors demanding the same; but
andTom- s0 as that, if the said merchandize be contraband, it
merce with shall not be any ways lawful to carry them afterwards
Feb. 1778. tb any ports belonging to the enemy. The two con
tracting parties agree that the term of two months
being past after the declaration of war, their respective
subjects, from whatever part of the world they come,
shall not plead the ignorance mentioned in this article.
Punish- "Art. 17. And that more effectual care may be taken
violations f°r the security of the subjects and inhabitants of both
of this parties, that they suffer no injury by the men-of-war,
or privateers, of the other party ; all the commanders
of the ships of his most christian majesty and of the
said United States, and all their subjects and inhabit
ants, shall be forbid doing any injury or damage to the
other side ; and if they act to the contrary they shall
be punished, and shall moreover be bound to make
satisfaction for all matter of damage and the interest
thereof by reparation under the pain and obligation of
their persons and goods.
Recap- " Art. 18. All ships and merchandize, of what nature
seiso/68" soever, which shall be rescued out of the hands of any
merchand- pirates or robbers on the high seas, shall be brought
into some port of either state, and shall be delivered
to the custody of the officers of that port in order to be
restored entire to the true proprietor, as soon as due
and sufficient proof shall be made concerning the prop
erty thereof.
Prizes se- " Art. 19. H shall be lawful for the ships of war of
tmTifa*0 either party, and privateers, freely to carry whither-
tors. soever they please, the ships and goods taken from
their enemies, without being obliged to pay any duty
to the officers of the admiralty or any other judges;
nor shall such prizes be arrested or seized when they
come to and enter the ports of the other party ; nor
shall the searcher or other officers of those places
search the same or make examination concerning the
lawfulness of such prizes ; but they may hoist sail at

THE UNITED STATES OF AMERICA. 653
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
any time, and depart, and carry their prizes to the The treaty
places, expressed in their commissions, which the com- anda™^.
manders of such ships of war shall be obliged to show : merce with
On the contrary, no shelter or refu'ge shall be given in Feb., 1778.
their ports to such as shall have made prize of the sub- Contra,
jects, people, or property of either of the parties, but
if such shall come in, being forced by stress of weather,
or the danger of the sea, all proper means shall be vig
orously used that they go out and retire from thence
as soon as possible.
" Art. 20. If any ship belonging to either of the par- Relief to
ties, tlieir people, or subjects, shall, within the coasts aubjeots in
or dominions of the other, stick upon the sands, or be distress.
wrecked, or suffer any other damage, all friendly assist
ance and relief shall be given to the persons ship
wrecked, or such as shall be in danger thereof. And
letters of safe conduct shall be given to them for their
free and quiet passage from thence, and the return of
every one to- his own country.
"Art. 21. In case the subjects and inhabitants of Subjects or
either party, with their shipping, whether public and^e.ssels.
of war, or private and of merchants, be forced through port by
stress of weather, pursuit of pirates, or enemies, or^ga^ne°
any other urgent necessity for seeking of shelter and
harbour, to retreat and enter into any of the rivers,
bays, roads, or ports, belonging to the other party,
they shall be received and treated with all humanity
and kindness, and enjoy all friendly protection and
help, and they shall be permitted to refresh and pro
vide themselves, at reasonable rates, with victuals and
all things needful for the sustenance of their persons,
or reparation of their ships, and conveniency of their
voyage ; and they shall no ways be detained or hin
dered from returning out of the said ports or roads,
but may remove and depart when and whither they
please, without any let or hindrance. ^ case
"Art. 22. For the better promoting of commerce owof war be_
both sides, il is agreed, that if a war should break out parties. *

654 -THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The treaty between the two nations, six months after the procla-
aMcom- mation of war shall be allowed to the merchants in the
merce with cities and towns where they live, for selling and trans-
Feb., 1778. porting their goods and merchandizes, and if anything
be taken from them, or any injury be done them,
within that term by either party, or the people or sub
jects of either, full satisfaction shall be made for the
same.
Privateer- "Art. 23. No subjects of the most christian king
mg" shall apply for or take any commission or letters of
marque, for armirig any ship or ships to act as priva
teers against the said United States, or any of them,
or against the subjects, people, or inhabitants of the
said United States, or any of them, or against tbe
property of any of the inhabitants of any of them,
from ariy province or state with which the said United
States shall be at war ; Nor shall any citizen, subject, or
inhabitant, of the said United States, or any of them,
apply for or take any commission or letters of marque,
for arming any ship or ships to act as privateers against
the subjects of the most christian king, or any of them,
or the property of any of them, from any prince or
state with which the said king shall be at war ; and if
any person of either nation shall take such commis
sions or letters of marque, he shall be punished as a
pirate.
Privateer- " Art. 24. It shall not be lawful for any foreign pri-
™|. gC^stbe vateers, not belonging to the subjects of the most
of hostile christian king, nor citizens of the said United States,
powers. ^jiq jmve commissions from any other prince or state,
at enmity with either nation, to fit their ships in the
ports of either one or the other of the aforesaid par
ties ; to sell what they have taken, or in any other
manner whatsoever to exchange their ships, merchand
izes, or any other lading : Neither shall they be allowed
even to purchase victuals, except such as shall be ne
cessary for their going to the next port of that prince
or state from which they have commissions.

THE UNITED STATES OF AMERICA: 655
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
"Art. 25. It shall be lawful for all and singular the The treaty
subjects of the most christian king, and the citizens, a_a™om-
people, and inhabitants, of the said United States, to merce with
sail with their ships with all manner of liberty, and Feb. 1778.
security, no distinction being made who are the pro- Trade
prietors of the merchandize laden thereon, from anyTeference
port to the places of those who now are or thereafter totheown-
* ership of
shall be at enmity with the most christian king, or the the cargo.
United States. It shall likewise be lawful for the sub
jects and inhabitants aforesaid, to sail with the ships
and merchandizes afore-mentioned', and to trade with
the same liberty and security from the places, ports,
and havens, of those who are enemies of both or either
party, without any opposition or disturbance whatso
ever, not only directly from the places of the enemy
afore-mentioned to neutral places, but also from one
place belonging to an enemy to another place belong
ing to an enemy, whether they be under the jurisdic
tion of the same prince, or under several ; And it is Free ships
hereby stipulated that free ships shall also give a free- mak,e free
dom to goods, and that everything shall be deemed to
be free and exempt, which shall be found on board the
ships belonging to the subjects of either of the con
federates ; although the whole lading, or any part
thereof should appertain to the enemies of either, con
traband goods being always excepted. It is also agreed, And free
in like manner, that the same liberty be extended to Persons-
persons who are on board a free ship, with this effect,
that although they be enemies to both or either party,
they are not to be taken out of that free ship unless
they are soldiers and in actual service of the enemies.
"Art. 26. This liberty of navigation and commerce Contra-
shall extend to all kinds of merchandizes, excepting h^^s ex_
those only which are distinguished by the name of cepted and
contraband, and under this name of contraband or^d.1
prohibited goods, shall be comprehended arms, great
guns, bombs with their fuses, and other things be
longing to them; cannon ball, gunpowder, match,

enumera-

656 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The treaty pikes, swords, lances, spears, halberds, mortars, pe-
andcom- tards, grenadoes, saltpetre, muskets, musket-ball,
merce with bucklers, helmets, breastplates, coats of mail, and the
France
Feb. 1778. like kinds of arms proper for arming soldiers, musket
Merchan- rests, belts, horses with their furniture, and other war-
contra-' ^ke instruments whatever. These merchandizes which
band, enu- follow shall not be reckoned among contraband or pro-
' " u hibited goods, that is to say ; all sorts of cloths, and all
other manufactures woven of any wool, flax, silk, cot
ton, or any other materials whatever ; all kinds of wear
ing apparel, together with the species whereof they are
used to be made ; gold and silver, as well coined as
uncoined, tin, iron, latten, copper, brass, coals ; as also
wheat and barley, and any other kind of corn and pulse,
tobacco ; and likewise all manner of spices,, salted and
smoked flesh, salted fish, cheese and butter, beer, oils,
wines, sugars, and all sorts of salts ; and in general, all
provisions which serve for the nourishment of man-
Goods not kind and the sustenance of life. Furthermore all kinds
band™" of cotton, hemp, flax, tar, pitch, ropes, cables, sails,
sail-cloths, anchors and any parts of anchors; also,
ships' masts, planks, boards, and beams of what trees
soever, and all other things proper either for building
or repairing ships, and all other goods whatever, which
have not been worked into the form of any instrument
or thing prepared for war by land or sea, shall not be
reputed contraband ; much less such as have been
already wrought and made up for any other use ; all
which shall be wholly reckoned among free goods, as
likewise all other merchandizes and things which are
not comprehended and particularly mentioned in the
foregoing enumeration of contraband goods ; so that they
may be transported and carried in the freest manner by
the subjects of both confederates, even to places belong
ing to an enemy, such towns or places being only except
ed as are at that time besieged, blocked up, or invested.
Sea letters. "Art. 27. To the end that all manner of dissensions
and quarrels may be avoided and prevented on one side

THE UNITED STATES OF AMERICA. 657
. i — .  — — — — — — .   , 
UNDER THE DECLARATION OF INDEPENDENCE. PART IV,
and the other, it is agreed, that in case either of the The treaty
parties hereto should be engaged in war, the ships and __/¦ ^_2-
vessels belonging to the subjects or people of the other merce with
ally, must be furnished with sea-letters and passports, Feb. 1778.
expressing the name, property and bulk of the ship, as
also the name and place of habitation of the master or
commander of the said ship, that it may appear thereby
that the said ship really and truly belongs to the sub
jects of one of the parties, which passport shall be made
out and granted according to the form annexed to this
treaty ; they shall likewise be recalled every year, that
is if the ship happens to return home within the space
of a year : It is likewise agreed that such ships being Certifi-
laden, are to be provided not only with passports, as cates °_.
. j r r i cargo, ate.
above mentioned, but also with certificates containing
the several particulars of the cargo, the place where
the ship sailed, and whither she is bound ; that so it
may be known whether any forbidden or contraband
goods be on board of the same, which certificates shall
be made out by the officers of the place where the ship
set sail, in the accustomed form, and if any one shall
think if advisable to express in the said certificates the
persons to whom the goods on board belong, he may
freely do so.
"Art. 28. The ships qf the subjects and inhabitants Ships en-
_of either of the parties, coming upon any coast belong- a^jn^ort
ing to either of the said allies, but not willing to enter unlading.
into port, or being entered into port, and not willing
to unload tlieir cargoes, or break bulk, they shall be
treated according to the general rules prescribed, or to
be prescribed, relative to the object in question.
"Art. 29. If the ships of the said subjects, people, Exhibition
or inhabitants, of either of the parties shall be met with, of Paas-
either sailing along the coasts, or on the high seas, by sea.
any ship of war of the other, or by any privateer, the
said ship of war or privateer, for the avoiding any dis
order, shall remain out of cannon shot, and may send
their boats on board the merchant ship which they shall
42

658

THE GOVERNMENTAL HISTORY OF

Part IV.

THE REVOLUTIONARY UNION OF THE COLONIES

The treaty
of amity
and com
merce with
France, Feb. 1778.
Boarding vessels at

Goods or
ships not
liable to
search.

Nor per
sons to
arrest.

Consuls,
&c.

Free ports
of Europe
forthe U. S. A.

so meet with, and may enter her to the number of two
or three men only, to whom the master or commander
of such ship or vessel shall exhibit his passport concern
ing the property of the ship, made out according to the
form inserted in this present treaty, and the ship, when
she. shall have showed such passport, shall be free and
at liberty to pursue her voyage, so as it shall not be
lawful to molest or search her in any manner, or give
her chase, or force her to quit her intended course.
"Art. 30. It is also agreed, that all goods, when once
put on board the ships or vessels of either of the two
contracting parties, shall be subject to no further irri
tation, but all visitation and search shall be made be
fore-hand, aud all prohibited goods shall be stopped on
the spot, before the same be put on board, unless there
are manifest tokens or proofs of fraudulent practice ;
nor shall either the persons or goods of his most chris
tian majesty, or the United States, be put under any
arrest, or molested by any other kind of embargo, for
that cause, and only the subject of that state to whom
the said goods have been, or shall be prohibited, and
who shall presume to sell or alienate such sort of goods,
shall be duly punished for the offence.
"Art. 31. The two contracting parties grant muiually
the liberty of having, each in the ports of the other,
consuls, vice-consuls, agents and commissioners, whose
functions shall be regulated by a particular agreement.
"Art. 32. And the more to favor and facilitate the
commerce which the subjects of the United States may
have with France, the most christian king will grant
them in Europe one or more free ports, where they may
bring and dispose of all the produce and merchandize
of the thirteen United States, and his majesty will also
continue to the subjects of the said states, the free
ports which have been and are opeiv in the French Isl
ands of America ; of all which free ports the said sub
jects of the United States shall enjoy the use agreeable
to the regulations which relate to them.

THE UNITED STATES OF AMERICA. 659
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
"Art. 33. The present treaty shall be ratified on both The treaty
sides, and the ratifications shall be exchanged in the anda™nf.
space of six months, or sooner if possible. merce with
"In faith whereof the respective Plenipotentiaries have Feb. ills.
signed the above articles, both in the French and Eng- RatiBca-
lish languages, declaring nevertheless, that the present exchange
treaty was originally composed and concluded in the of treaty.
French language, and they have thereto affixed their
seals. Done at Paris, this sixth day of February,
1778.
C. A. Gerard, [l. s.]
B. Franelin. [l. s.]
Silas Deane. [l. s.]
Arthur Lee. [l. s.]
"Treaty of Alliance Eventual and Defensive."
" The Most Christian King and the United States of The treaty
North America, to wit: (naming them) having this day °£ ^"j56
concluded a treaty of amity and commerce, for the and defen-
reciprocal advantage of their subjects and citizens, have France,
thought it necessary to take into consideration the Feb-> Mis.
means of strengthening those engagements, and so ren- intention
dering them useful to the safety and tranquillity of the °rfea^
two parties; particularly in case Great Britain, in re
sentment of that connection, and of the good corres
pondence which is the object of the said treaty, should
break the peace with France, either by direct hostilities,
or by hindering her commerce and navigation in a
manner contrary to the rights of nations, and the peace Union
subsisting between the two crowns: And His Majesty q^8^.
and the said United States, having resolved, in that case, ain.
to join. their councils and efforts against the enterprises
of their common enemy, the respective Plenipotentia
ries empowered to concert the clauses and conditions
proper to fulfill the said intentions, have, after the most
mature deliberation, concluded and determined on the
following articles:

'660 the governmental history of
Part IV. the revolutionary union of the colonies
The treaty " Art. I. If war should break out between France
eventual and Great Britain^ during tlie continuance of the press-
and defen- eil_ war between the United States and Erigland, his
sive with i
France, Majesty and the said United States shall make it a com-
Feb., 1778. mon cause an(_ a},j eacn 0ther mutually with their good
War with . ¦,-,'.<.- ¦>• -,
Great Brit- offices, their counsels, and their forces, according to the
exigence of conjunctures, as becomes good and faithful

ain to be
made a
common allies.
cause.Its essen-

" Art. II. Tlie essential and direct end of the presr
tial aim. ent defensive alliance is to maintain effectually the lib
erty, sovereignty, and independence, absolute and
unlimited, of the said United States, as well in matters
of government as of commerce.
Mutuality "Art. III. The two contracting parties shall each,
of effort. on j£g par_ 5 an(_ m flje manner it may judge most proper,
make all the efforts in its power against their common
enemy, in order to attain the end proposed.
Concert of " Art. IV. The contracting parties agree, that in
ac I0n- case either of them should form any particular enter
prise", in which the concurrence of the other may be
desired, the party whose concurrence is desired, shall
readily and with good faith join to act in concert for
that purpose, as far as circumstances and its own par
ticular situation will permit, and in that case they shall
regulate, by a particular convention, the quantity and
kind of succor to be furnished, and the time and man
ner of its being brought into action, as well as the
advantages which are to be its compensation.
Reduction " Art. V. If the United States should think fit to
power in attempt the reduction of the British power remaining
America. in the northern parts of America, or the islands of Ber
mudas, those countries or islands, in case of success,
shall be confederated with or dependent upon the said
United States.
tionoTpos- " Art- VL The most Cfiristian King renounces for-
sessions in ever the possession of the island of Bermudas, as well
by France. as anv Pai-t of the continent of North America, which,.

THE UNITED STATES OF AMERICA. 661
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
before the Treaty of Paris in 1763, or in virtue of that The treaty
treaty, were acknowledged to belong to the crown of eTeant_aiCe
Great Britain, or to the United States, heretofore called and defen-
,., ,,.,• 1 ii sive with
British colonies, or which are at this time, or have late- France,
Iy been, under the power, of the king and crown of Feb>> im-
Great Britain.
" Art. VII. If his most Christian Majesty shall think Certain
proper to attack any of the islands situated in the gulf appertai_
of Mexico, or near that gulf, which are at present un- t0 France.
der the power of Great Britain, all the said isles, in case
of success, shall appertain to the crown of France.
" Art. VIII. Neither of the two parties shall con- Independ- .
elude either truce or peace with Great Britain, without u|Cg77°A. e
the formal consent of the other first obtained, and they
mutually engage not to lay down their arms until the
independence of the United States shall have been for
mally or tacitly assured by the treaty, or treaties, that
shall terminate the war.
"Art. IX. The contracting parties declare, that j*0 claim
being resolved to fulfill, each on its own part, the pensation.
Clauses and conditions of the present treaty of alliance,
according to its own power and circumstances, tliere
shall be no after claim of compensation on one side or
the other, whatever may be the event of the war.
"Art. X. The most Christian King and the United 0ther pow-
~ . t •, .i i ers to be
States agree to invite, or admit, other powers who may inT;ted to
have received injuries from England, to make common a^ealu"
cause with them, and to accede to the present alliance,
under such conditions as shall be freely agreed to and
settled between all the parties.
" Art. XI. The two parties guarantee mutually from Mutual
the present time, and forever, against all other powers, guara"
to wit : The Utiited States to his most Christian Majes
ty the* present possessions of the crown of France in
America as well as those which it may acquire by the
future treaty of peace ; and his most Christian Majesty
guarantees on his part, to the United States, their lib-

662 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The treaty erty, sovereignty, and independence, absolute and unlim-
eventuai06 ited, as well in matters of government as commerce,
and defen- an(_ ais0 their possessions, and the additions or con-
sive with . , , .
France, quests that their confederation may obtain during the
Feb., 1778. war.f fr0m any of the dominions now or heretofore pos
sessed by Great Britain in North America, conformable
to the 5th and 6th articles above written, the whole, as
their possession, shall be fixed and assured to the said
states, at the moment of the cessation of their present
war with England.
Explana- " Art. XII.. In order to fix more precisely the sense
lis" article! ana application of the preceding article, the contracting
parties declare, that in case of a rupture between France
and England, the reciprocal guarantee declared in the
said article shall have its full force and effect, the mo
ment such war shall break out; and if such rupture
shall not take place, the mutual obligations of the said
guarantee shall not commence, until the moment of the
cessation of the present war between the United States
and England shall have ascertained their possessions.
Time for " Art. XIII. The present treaty shall be ratified on
ratifica- koth sides, and the ratifications shall be exchanged in
the space of six months, or sooner if possible.
In faith whereof, the respective Plenipotentiaries, to
wit: on the part of the most Christian King, Conrad
Alexander Gerard, royal Sindic of the city of Strasburgh,
and secretary of his Majesty's council of state; and
on the part of the United States, Benjamin Franklin,
Attesta- deputy of the general congress from the state of Penn-
tiw1, sylvania, and president of the convention of that state ;
Silas Deane, heretofore deputy from the state of Con
necticut; and Arthur Lee, counsellor at law; have
signed the above articles, both in the French and Eng
lish languages, declaring nevertheless, that the present
treaty was originally composed and concluded in the
French language, and they have hereunto affixed their
seals.

THE UNITED STATES OF AMERICA. 663
UNDER THE DECLARATION OF INDEPENDENCE. PART -IV.
Done at Paris, this 6th day of February, one thou- Conciu-
sand seven hundred and seventy-eight.
C. A. Gerard, [l. s.J
B. Franklin, [l. s.]
Silas Deane. [l. s.]
Arthur Lee. [l. s.]

Thus the congress gave a tenfold security to the posi- Benefits of
tion of the United Colonies, and made a most effective ange* '"
advance towards promoting their independence. An
alliance with so powerful and so respectable a kingdom
and people as the French nation, could not operate oth
erwise than advantageously on the issue of the contest
in which they were now engaged. It was a very strong
acknowledgment of their independence of Great Britain,
and was well made, an occasion of jubilee and mutual
congratulation throughout the country. The congress, Action of
ever watchful to catch the favoring breeze, regarded itgre__ „p0_.
as a fitting stand-point from which to take an observa- "•
tion, and accordingly, on the sixth day of May, appoint
ed Mr. K. H. Lee, Mr. Chase, and Mr. G. Morris, a
committee "to prepare an address to the inhabitants of
these states upon the present situation of public affairs."
This committee reported a draft on the eighth day of Committee
May, which was adopted by the congress, after sundry*" P^sss
amendments. Containing, as it does, a true and full
statement of the posture of affairs at this time, it neces
sarily becomes a part of this work. The address as
agreed to, was as follows, viz. :
" The Congress- to the inhabitants of the United
States of America.
"Friends and Countrymen : Three years have now
passed* away, since the commencement of the present
war. A war without parallel in the annals of mankind. The war
jinf] its
It hath displayed a spectacle the most solemn that can aspects.
possibly be exhibited. On one side, we behold fraud
and violence labouring in the service of despotism ; on

664 THE governmental history of
Part IV. the revolutionary union of the colonies
Address of the other, virtue and fortitude supporting and estab-
o-Jess to'the lishing the rights of human nature.
inhabitants " You cannot but remember how reluctantly we were
u. s. A. on dragged into this arduous contest ; and how repeatedly,
Pgb.llc with the earnestness of humble entreaty, we supplicated
May, 1778. a redress of grievances from him who ought to have
Efforts to Deen tne father of his people. In vain did we implore
nvert tne
contest, his protection. In vain appeal to the justice, the gen
erosity, of Englishmen; of men, who had been the
guardians, the assertors and vindicators of hberty
through a succession of ages; men, who, with their
swords, had established the firm barrier of freedom, and
All efforts cemented it with the blood of heroes. Every effort was
effiation" vain. For even whilst we were prostrate at the foot of
fruitless, the throne, that fatal blow was struck, which hath sepa
rated us forever. Thus spurned, contemned, and
insulted; thus driven by our enemies into measures
which our souls abhorred ; we made a solemn appeal to
the tribunal of unerring wisdom and justice, to that
Almighty Ruler of Princes, whose kingdom is over all.
Their con- "We were then quite defenceless. Without arms,
dition at * .
the com- without ammunition, without clothing, without ships,
ment6" without money, without officers skilled in war ; with
no other reliance but the bravery of our people and
the justice of our cause. We had to contend with a
nation great in arts and in arms, whose fleets covered
the ocean, whose banners had waved in triumph
through every quarter of the globe. However une
qual this contest, our weakness was still further in
creased by the enemies which America had nourished
in her bosom. Thus exposed, on the one hand, to
external force and internal divisions ; on the other, to
be compelled to drink the bitter cup of slavery, and to
Necessity go sorrowing all our lives long ; in this sad alternative,
to MmsSOrt we chose the former. To this alternative we were
reduced by men, who, had they been animated by one
spark of generosity, would have disdained to take such
mean advantage of our situation; or, had they paid

THE UNITED STATES OF AMERICA. 665
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
the least regard to the rules of justice, would have Address
considered with abhorrence a proposition to injure j£e*eto2__
those who had faithfully fought their battles, and inhabitants
industriously contributed to rear the edifice of their u s a on
gW. Fairway,
"But, however great the injustice of our foes ini778. ,
commencing this war, it is by no means equal to that
cruelty with which they have conducted it. The course
of their armies is marked by rapine and devastation.
Thousands, without distinction of age or sex, have
been driven from their peaceful abodes, to encounter
the rigors of inclement seasons ; and the' face of
Heaven hath been insulted by the wanton conflagra
tion of defenceless towns. Their victories have been
followed by the cool murder of men no longer able to Conduct
resist ; and those who escaped from the first act of by Great
carnage have been exposed, by cold, hunger, andBriiaio'
nakedness, to wear out a miserable existence in the
tedious hours of confinement, or to become the de
stroyers of their countrymen, of their friends ; perhaps,
dreadful idea ! of their parents or children. Nor was
this the outrageous barbarity of an individual, but a
system of deliberate malice, stamped with the concur
rence of the British legislature, and sanctioned with
all the formalities of law. Nay, determined to dissolve
the closest bonds of society, they have stimulated serv
ants to slay their masters in the peaceful hour of do
mestic security. And, as if all this were insufficient
to slake their thirst for blood, the blood of brothers,
of unoffending brothers, they have excited the Indians
against us ; and a general, who calls himself a Chris
tian, a follower of the merciful Jesus, hath dared to
-proclaim to all the world his intention of letting loose
-against us whole hosts of savages ; whose rule of war
fare is promiscuous carnage ; who rejoice to murder
the infant smiling in its mother's arms ; to inflict on
their prisoners the most excruciating torments; and
exhibit scenes of horror from which nature recoils.

666 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
Address " Were it possible, they would have added to this
gresstothe terrible system, for they have offered the inhabit-
inhabitants ants of these states to be exported by their merchants
u. s. A. on to the sickly, baneful climes of India, there to perish ;
?™blic]5f" an on°er n°t accepted of, merely from the impractica-
1778. ' bility of carrying it into execution.
Cruel treat- "Notwithstanding these great provocations, we have
prisoners treated such of them as fell into our hands with ten-
BntairT* Ferness, an4 studiously endeavored to alleviate the
christian afflictions of their captivity. This conduct we have
treatment pUrgUed so far as to be by them stigmatized with cow
ers by the ardice, and by our friends with folly. But our depend-
co onies. ence wag nQt Up0n man_ it was upon Him who hath
commanded us to love our enemiesj and to render
good for evil. And what can be more wonderful than
the manner of our deliverances ? How often have we
Their reli- been reduced to distress, and yet been raised up?
and^nter" When the means to prosecute the war have been want-
positions ing to us, have not our foes themselves been, rendered
dence. instrumental in providing them ? This hath been done
in such a variety of instances, so pecuharly marked
almost by the direct interposition of Providence, that
not to feel and acknowledge his protection would be
the height of impious ingratitude.
Certainty " At length that God of battles, in whom was our
of success. trust) nath conducted us through the paths of danger
and distress, to the thresholds of security. It hath
now become morally certain, that, if we have courage
to persevere, we shall establish our liberties and inde
pendence. The haughty prince, who spurned us from
his feet with contumely and disdain, and the parlia
ment whicli proscribed us, now descend to offer terms
of accommodation. Whilst in the full career of vic
tory, they pulled off the mask and avowed their in
tended despotism. But having lavished in vain the
blood and treasure of their subjects in pursuit of this
execrable purpose, they nuw endeavor to ensnare us
with the insidious offers of peace. They would seduce

THE UNITED STATES OF AMERICA. 667
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
you into a dependence, which necessarily, inevitably, Address
leads to the most humiliating slavery. of the c0^"
£TFG9S tO tn.6
"And do they believe that you will accept these inhabitants
fatal terms ? Because you have suffered the distresses u. s. a. on
of war, do they suppose that you will basely lick the Publio af"
dust before the feet of your - destroyers ? Can there 1778.
be an American so lost to the feelings which adorn Offers of
human nature, to the generous pride, the elevation, tWn°by
the dignity of freedom ? Is there a man who would Great
not abhor a dependence upon those who have deluged
his country in the blood of its inhabitants ? We can
not suppose this ; neither is it possible that they them
selves can expect to make many converts. What then
is their intention ? Is it not to lull you with the falla- Their de-
cious hopes of peace, until they can assemble newio„s an_
armies to prosecute their nefarious designs? If this mischiev-
is not the case,: why do they strain every nerve to levy
men throughout their islands ? Why do they meanly
court every little tyrant pf Europe to sell them his
unhappy slaves ? , Why do they continue to embit
ter the minds of the savages against you ? Surely
this is not the way to concihate the affections of
America. "Be not, therefore, deceived. You have still to The trial
expect one severe conflict. Your foreign alliances, t0 come"
though they secure your independence, cannot secure
your country from desolation, your habitations from
plunder, your wives from insult or violation, nor your
children from butchery. Foiled in their principal
design, you must expect to feel the rage of disap
pointed ambition. Arise, then ! to your tents ! and
gird you for battle. It is time to turn the headlong
current of vengeance upon the head of the destroyer.
They have filled, up the measure of their abominations,
and like ripe fruit must soon drop from the tree. Al
though much is done, yet much remains to do. Expect No peace
not peace whilst any comer of America is in possession ^^!trer.
of your foes. You must drive them away from this minated.

668 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
Address land of promise, a land flowing indeed with milk and
of the con- uoney Your brethren at the extremities of the con
gress to the J _
inhabitants tinent already implore your friendship and protection.
u. s. 1. on It is your duty to grant their request. They hunger
public af- aud thirst after liberty; be it yours to dispense to
1778. ' them the heavenly gift. And what is there now to
prevent it ? .
Condition " After the unremitted efforts of our enemies, we are
stren»th stronger than before. Nor can the wicked emissaries,
of the who so assiduously labour to promote their cause, point
out any one reason to suppose that we shall not receive
daily accessions of strength. They tell you, it is, true,
that your money is of no value ; and your debts so
enormous, they can never be paid. But we tell you,
Weakness that if Britain prosecutes the war another campaign,,
Britain, that single campaign will cost her more than we have
hitherto expended. And yet these men would prevail
upon you to take up that immense load, and for it to
sacrifice your dearest rights.
"For, surely, there is no man so absurd as to suppose
that the least shadow of liberty can be preserved in a
dependent connection with Great Britain. From the
Depend- nature of the thing it is evident, that the only security
GreatBrit- vou cou^ obtain, would be the justice and moderation
¦in, what. 0f a parliament who have sold the rights of their own
constituents. And this slender security is still further
weakened by the consideration that it was pledged to
rebels, (as they unjustly call the good people of these
states,) with whom they think they are not bound to
keep faith by any law whatsoever. Thus would you
be cast bound among men whose minds, by your vir
tuous resistance, have been sharpened to the keenest
edge of revenge. Thus would your children and your
children's children be by you forced to a participation
of all their debts, their wars, their luxuries, and their
crimes. ' And this mad, this impious system, they
would lead you to adopt, because of the derangement
of your finances.

THE UNITED STATES OP AMERICA. 669
under tub declaration of independence. Part IV.
" It becomes you deeply to reflect on this subject. Address
Is there a country on earth, which hath such resources gress^o0"*
for the payment of her debts as America ? Such an &e inhab-
extensive territory? So fertile, so blessed in its cli-theu.s.A.
mate and productions? Surely there is none. Nei- °n P"b;
ther is there any to which the wise Europeans will May, 1778.
sooner confide their property. What then are the rea- Resourcesof -A.irifiri*
sons that your money hath depreciated ? Because no ca.
taxes have been imposed to carry on the war. Because
your commerce hath been interrupted by your enemy's
fleets. Because their armies have ravaged and deso- Causes of
lated a part of your country. Because their agents embarrass-
have villainously counterfeited your bills. Because ment-
extortioners among you, influenced with the lust of
gain, have added to the price of every article of life.
And because weak men have been artfully led to believe
that it is of no value.
" How is this dangerous disease to be remedied ? The
remedy
Let those among you, who have leisure and opportunity,
collect the monies which individuals in your neighbor
hood are desirous of placing in the public funds. Let
the several legislatures sink their respective emissions ;
that so, there being but one kind of bills, there may be
less danger of counterfeits. Refrain a little while from
purchasing those things which are not absolutely neces
sary, that so those who have engrossed commodities
may suffer (as they deservedly will), the loss of their
ill-gotten hoards, by reason of the commerce with for
eign nations, which the fleets will protect. Above all,
bring forward your armies into the field. Trust not to
appearances of peace or safety. Be assured that un
less you persevere, you will be exposed to every species
of barbarity. But if you exert the means of defence
which God and nature have given you, the time will
soon arrive, when every man shall sit under his own
vine, and under his own fig-tree, and there shall be
none to make him afraid. _ ™£°£
" The sweets of free commerce with every part of the dieted.

670 - THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
Address earth, will soon reimburse you for all the losses you
of the con- j sustained. The full tide of wealth will flow in
gress to
the inhab- upon your shores, free from the arbitrary impositions
theU.sf A. °f those whose interest and whose declared policy it
ou pub- was t0 check your growth. Your interests will be fos-
lip S_,TT3,1 1™R
May, 1778. tered and nourished by governments that derive their
power from your grant, and will therefore be obliged,
by the influence of cogent necessity, to exert it in your
favor. It is to obtain these things that we call for your
strenuous, unremitted, exertions.
Reliance " Yet do not believe that you have been or can be
idPencenec-save^ merely by your own strength. No ! it is by the
essary. assistance of Heaven, and this you must assiduously
cultivate by acts which Heaven approves. Thus shall
the power and the happiness of these sovereign, free, and
independent states, founded on the virtue of their citi
zens, increase, extend, and endure, until the Almighty
shall blot out all the empires of the earth."*
• Journals Immediately after the adoption of this address the
congress "Resolved, that it be recommended to minis
ters of the gospel, of all denominations, to read, or
cause to be read, immediately after divine service, the
above address to the inhabitants of the United States
of America, in their respective churches and chapels,
and other places of religious worship."

of con-

Concur- Hitherto, I have not deemed it important to refer to
ren* Pro'in the proceedings of parliament after the colonies took
pariia- up arms in their defence, because, whatever their char-
J____3tr/ acter, they had no essential influenoe upon the com
plexion of our governmental history. So, also, whatever
plans of conciliation may have been devised by the min
istry of Great Britain during the revolutionary period,
are alike unnecessary to my purpose in this work. Va
rious methods of accommodation were from time to
time suggested, but all of them were of the same char
acter in the main with those which provoked the sever
ance, embittered their hostility, and alienated the peo-

THE UNITED STATES OF AMERICA. 671
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.

pie of America forever from their allegiance to the pa- Arrival of
reiit state. And what could not conciliate when they ^a°fon°™'
were disposed to conciliation, certainly could not win from Eng-
them back after they had once resolved upon independ- '
ence. It sufficeth us to know, that the position now
taken by the United Colonies was one which precluded
all possibility of amity under any terms of dependency
upon the crown. This is conclusively evident by the
action of the congress on the arrival of commissioners
deputed by the king to carry into effect Lord North's
bills for Conciliation, then recently adopted in parlia
ment. The king's ship-of-war, the Trident, of sixty-four
guns, arrived with these commissioners, in Delaware
river, on the fourth of June, soon after the adoption
of the foregoing address. They were, the Earl of Car- Names of
lisle, Governor George Johnstone and William Eden ; ^__^Mg
to whom were joined Lord Howe and Sir William Howe ;
who, however, did not' act, the former being engaged
with the British fleet, and the latter having returned
to England before the commission arrived. The place
of General Howe in the commission was supplied by
General Sir H. Clinton. Dr. Adam Ferguson, pro
fessor of moral philosophy in the University of Edin
burgh, was secretary to the commission.
Upon their arrival in Philadelphia, General Clinton They apply
wrote to Gen. Washington informing him of the fact, and -"^for
requesting a passport for Dr. Ferguson to proceed to a passport.
congress, with dispatches. Gen. Washington refused to
grant the request, sayin g, in his reply to Gen . Clinton ; " I Washing-
do not conceive myself at liberty to grant the passport g°h JuTe.7'
you request for Dr. Ferguson, without being previously
instructed by congress on the subject. I shall dispatch (
a copy of your letter to them, and will take the earli- wrftings
est opportunity of communicating tlieir determina- ?[J^ash"
tion."* Vol. V.
The letter and papers received from Sir Henry Clin
ton, together with a copy of his reply, were forwarded

672 THE GOVERNMENTAL niSTORY OF
Part IV. the revolutionary union of the colonies

The peace by Gen. Washington to the president of congress, and
sionersand were *a^ Def°re that body on the eleventh day of June.
congress, After being read, they were referred to a select com-
' ' mittee to report thereon, when the further considera
tion of the subject was postponed.
They send Meanwhile, the commissioners, without waiting to
persTo" hear further from General Washington, forwarded their
congress, papers to the congress ; and on Saturday, the thirteenth,
while congress were debating upon the report of the
committee to whom the papers received from Washing
ton had been referred, an express arrived with a pri-
Speoial vate letter of the eleventh, from Washington, to the
from tcU Presi(^ent °f congress ; and also a packet in which was
Washing- enclosed, together with other papers to which we may
gress? C' ° hereafter refer more particularly, a letter signed,
"Carlisle, William Eden, George Johnstone," dated
Philadelphia, June the 9th, 1778, and directed " To
His Excellency Henry Laurens, the President, and oth
ers, the members of congress."
Letter of This letter was read till they came to the words,
missioners " insidious interposition of a power, which has, from
to con- the first settlement of the colonies, been actuated with
enmity to us both ; and notwithstanding the pretended
Offensive date or present form of the French offers" — here the
Tgatost reading was interrupted ; a motion was made not to
France, proceed further, because of the offensive language
against his most christian majesty. During the debate
upon this motion, the further consideration of the sub
ject was postponed, and the congress adjourned till ten
o'clock on Monday, then next. The matter continued
to receive the consideration of the congress, from day
Action of *° ^&y> till Wednesday, June seventeenth, when the
the con- draft of a letter reported by a committee appointed
thereto, to be forwarded by the president of congress,
" in answer to the letters and papers from the Earl of
Carlisle, &c, commissioners of the king of Great Brit
ain," was unanimously adopted, as follows, viz. :
" I have received the letter from your excellencies

THE UNITED STATES OF AMERICA. 673
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
of the 9th inst, with the enclosures, and laid them be- Reply of
fore congress. Nothing but an earnest desire to spare j^™0!1"-
the further effusion of human blood could have induced the peace
them to read a paper containing expressions so disre- 3ioner_ "
spectful to his most christian majesty, the good and°^the
great ally of these states ; or to consider propositions 17, 1778.
so derogatory to the honor of an independent nation.
" The acts of the British parliament, the commission The idea
from your sovereign, and your letter, suppose the peo- _nceeonn '
pie of these states to be subjects of the crown of Great Great Brit-
t-. . . i „ i „i , ain repudi-
Britain, and are founded on the idea of dependence, ated.
which is utterly inadmissible.
" I am further directed to inform your excellencies, Inclination
that congress are inchned to peace, notwithstanding the t0 pcace-
unjust claims from which this war originated, and the
savage manner in which it hath been conducted. They
will therefore be ready to enter upon the consideration
of a treaty of peace and commerce, not inconsistent Terms of
with treaties already subsisting, when the king of Great Peace'
Britain shall demonstrate a sincere disposition for that
purpose. The only solid proof of this disposition will
be an explicit acknowledgment of the independence of
these states, or the withdrawing his fleets and armies.
" I have the honor to be
your excellencies' most obedient
and humble servant;
Henry Laurens, President"
"By order of the congress."

The existence of a treaty of alliance, etc., between _j,e a_j.
the United Colonies and France, though it was feared, *nce with
iii-, France not
was not known in Great Britain when the kmg s com- known in
missioners embarked for America ; and they evidently ng
had not been advised of it since their arrival, otherwise
they would not have hazarded the accomplishment of
their- mission, by so exceptionable an allusion to his
christian majesty. They nevertheless soon became
more forcibly aware of the relations of amity consum-
43

674 THE GOVERNMENTAL history of
Part IV. the revolutionary union of the colonies
Arrival of mated between the two countries, when, on the elev-
flheetinei)et entn of July— probably under the provisions of " the
aware Bay, act separate and secret" — his excellency Count d' Es-
u y' ' taing arrived in Delaware Bay in the Languedoc, hav
ing under his command a powerful fleet of twelve sail
of line-of-battle-ships, and four frigates, fully officered
and manned, " to co-operate with the American forces
in the reduction of the British army and navy."
The importance and the effect of this alliance upon
the designs of Great Britain and the destinies of Amer
ica are well known, and have been elsewhere recorded
by abler pens than mine, in becoming characters, and
will be the subject of more particular remark hereafter.
Having digressed thus much, for the sake of future
reference, I return again to my own peculiar work.

The theory In analyzing the theory of government under which
ment ofthe the several colonies in America became independent
United states, derived to themselves a national existence, and
Colonies. .
were permanently and indissolubly united in one great
republican confederacy under the present constitution,
it is important here to mark the development of those
elements of political relationship which originated and
fixed the federative supremacy, while they secured to
the states in severalty the enjoyment of tlieir own pecu
liar and distinctive forms of government, administra
tion, jurisdiction, and independence.
The colo- The League of Union under the martial manifesto, by
under'the wni°h the colonies combined to resist the oppressions
martial of their parent state, needed a head wherein to concen
trate its powers, and by wliich its operations should be
directed and controlled. This necessity originated tho
congress. When that congress suppressed " the exer
cise of all authority under the crown in America," and
assumed to itself the prerogatives of sovereignty by the
highest exercise of supreme power, that of declaring
war, it placed each of the colonies under the necessity
of choosing between one of only two alternatives, viz.,

THE UNITED STATES OF AMERICA. 675
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
subjection to its supremacy, or dependency upon Great
Britain. To refuse either was to choose the other.
The assumption of independence was a declaration, not Colonial
an achievement ; a declaration in confederacy, not in go4r-ate
severalty. Hence there was no such thing as sover- eignty.
eignty in any colony by itself. Indeed the idea of a
several sovereignty and independence had no existence
or recognition either inside or outside of the first fed
erative league. The true theory of state rights, there
fore, is based not.. upon any original or inherent sover- Basis of
eignty in the colonies, or states, as severalties ; but on _ights.
the compact of the confederation, from which alone,
as states, they derived their essential origin, independ
ence, and protection.
This is evident not onlv from the date and the form The ar-
+* i t
of the Declaration of Independence ; but also from 0onf_dera-
the time and the manner in which the Articles of Con- t'on, 1*778—81
federation were framed and became the paramount law
oi the federative union. To illustrate this, it becomes
necessary to show, not only that power was conferred
by the several colonies upon their delegates in congress
to ratify those articles ; but also the precise powers
conferred, and the precise language used in conveying
those powers. Hence the credentials of power in the Powers of
delegates, and their action under them, become an th<r deJe"
07 ' gates to
important and interesting part of our record; and ratify the
hence I introduce them in full. same'

New Hampshire.
"In the House of Representatives, March 4, 1778. By New
" The house took into consideration the articles of saam.r
confederation and perpetual union between the thirteen
United States of America, as agreed to by the honor
able congress of said states, and came to the following
resolution thereon, viz. :
"Eesolved, That we do agree to said articles of con
federation, perpetual union, &c, and do, for ourselves
and constituents, engage that the same shall be invior

676 the governmental history of
Fart IV. the revolutionary union of the colonies
The ar- lably observed by this state ; and the delegates of this
confedera- state, for the time being, at the congress aforesaid, are
tion, hereby empowered and instructed to ratify the same in
1778-81
Powers of behalf of this state.
ratifiea- " Sent up for concurrence.
John Dudley, Speaker, pro tem.
" In Council, the same day, read and concurred.
E. Thompson, Secretary.
" Copy, Attest. Mesech Weare, President."

Massachusetts Bay.
" Council Chamber, Boston, March 10, 1778.
By Massa- " Gentlemen : The General Court of the state of Mas-
Ba^e sachusetts Bay, having attentively considered the ar
ticles of confederation and perpetual union between
the United States of America, recommended to our
attention by the honorable congress, do approve of them
in general, as well calculated to secure the freedom,
sovereignty, and independence of the United States.
" Perhaps no plan could have been proposed, better
adapted to the circumstances of all. We therefore, the
council and house of representatives of this state, in
general court assembled, do, in the name and behalf
of the good people of this state, instruct you, their del
egates, to subscribe said articles of confederation and
perpetual union, as they were recommended by con-
See p. 687. gress, unless the following alterations, or such as may
be proposed by the other states, can be received, and
adopted without endangering the union proposed.
" In the name and behalf of the general assembly.
Jeremiah Powell, President.
" To the delegates of the state of
Massachusetts Bay, in Congress."

By Rhode BHODE ISLAND AND PROVIDENCE PLANTATIONS.
Provi- "Atthe General Assembly of the governor and com-
dence pany of the state of Rhode Island and Providence
tions. Plantations ; begun and holden by adjournment at East

THE UNITED STATES OF AMERICA. 677
UNDER THE- DECLARATION OF INDEPENDENCE. PART IV.
Greenwich, within and for the state aforesaid, on theThearti-
second Monday in February, in the year of our Lord federation*
one thousand seven hundred and seventy-eight. i.778-8"--
i . . i . . . , Powers of
" This Assembly having taken into consideration the ratifica-
articles of confederation and perpetual union between taon-
the states of New Hampshire, Massachusetts Bay, Bhode
Island and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina, and Georgia ;
transmitted by congress to this state, and having had fja^ a„ed
them repeatedly read; and having maturely weighed Provi-
and most seriously deliberated upon them, as their pianta.
importance to this and the other states, and to posterity, ti(ms> Feb.
i . i . . .. 18th, 1778.
deserves; and considering also the pressing necessity gee page
of completing the union, as a measure essential to the 688.
preservation of the independence of the said states, do
vote and resolve, and it is voted and resolved, that the
honorable Stephen Hopkins, Esq., William Ellery, Es
quire, and Henry Marchant, Esquire, the delegates to
represent this state in congress, or any one of them, be
and they are hereby fully authorized and impowered,
on the part and behalf of this state, to accede to and
sign the said articles of confederation and perpetual
union, in such solemn form and manner as congress
shall think best adapted to a transaction so important
to the present and future generations; provided that
the same be acceded to by eight of the other states.
"And in case any alterations in, or additions to, the
said articles of confederation and perpetual union, shall
be made by nine of the said states in congress assem
bled, that the said delegates, or any one of them be, and
they are hereby, authorized and impowered, in like
manner, to accede to and sign the said articles of con
federation and perpetual union, with the alterations and
additions that shall be so made.
"It is further voted and resolved^thab this assembly
will, and do hereby, in behalf of the said state of Rhode
Island and Providence Plantations, in the most solemn

678 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The arti- manner, pledge the faith of the said state, to hold, and
federation consider the acts of the said delegates, or any one, in
1778-81. so acceding to and signing the said articles of confede-
Powers of . , , .. _ , . . ,. ,,
ratifica- ration and perpetual union, as valid and binding on the
tl0n- said state in all future time : And it is further voted
and resolved, that a fair copy of this act be made and
authenticated under the public seal of this state, with
the signature of his excellency, the governor, and be
transmitted to the delegates; and that the same shall
be sufficient warrant and authority to the said delegates,
or any one of them, for the purposes aforesaid.
"A true copy duly examined. Henry Ward, Secretary.
Authenticated by the
Governor's Cert, and Seal of State."

Connecticut.
ByConnec- "At a General Assembly of the governor and company
i_th' liii' °^ **ie state °^ Connecticut, holden at Hartford, by
adjournment, on the twelfth day of February, 1778 :
"The articles of confederation and perpetual union,
proposed by congress to be entered into between the
thirteen United States of America, being laid before
this assembly by his excellency, the Governor, were
read and maturely considered ; whereupon,
" Resolved, That the delegates of this state, who shall
be present in congress, be, and they are hereby, fully
authorized and impowered, in behalf of this state, to
agree to and ratify the said articles of confederation,
with such amendments, if any be, as by them, in con
junction with the delegates of the other states in con
gress, shall be thought proper.
" A true copy of record, examined by
George Wyllys, Secretary."

By New New York.
i6th 'i 778. "The People of the state of New York, one of the
United States of America, by the Grace of God free

THE united STATES OF AMERICA. -679
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
and independent, to their brethren of the other of the The arti-
said United States, in congress assembled, and to all federation"
others who shall see these our letters patent, send greet- J7?8-81-
A Powers of
ing : ratifica-
" Know ye, that among the acts of our senate andtl0n-
assembly of our said state, we have inspected a certain
act of the said senate and assembly, the tenor whereof
is as follows, to wit:
" An act o'f accession to and approbation of certain
proposed articles of confederation and perpetual union
between the United States of America, and to author
ize the delegates of the state of New York to ratify the
same on the part and behalf of this state, in the con
gress of the said United States.
"Whereas the freedom, sovereignty, and independ
ence of the said states; which, with a magnanimity, B New
fortitude, constancy, and love of liberty, hitherto un- York, Feb.
16th 1778
paralleled, they have asserted, and maintained against geg • "
their cruel and unrelenting enemies, the king and par- 689.
liament of the realm of Great Britain; will, for their
lasting and unshaken security, in a great measure de
pend, under God, on a wise, well-concerted, intimate
and equal confederation of the said United States:
And whereas, the honorable the congress of the said
United States, have transmitted for the consideration
of the legislature of this state, and for their ratification
in case they shall approve ofthe same, the following.
articles of confederation, to wit: (Here the articles
are recited verbatim.)
" And whereas the Senate and Assembly of this state
of New York, in legislature convened, have separately
taken the said several articles of confederation into
their respective, most deliberate, and mature Considera
tion, and by their several and respective resolutions,
deliberately made and entered into for the purpose,
have fully and entirely approved the same : In order,
therefore, that such approval may be published and
made known to the whole world, with all the solemni-

680

THE GOVERNMENTAL HISTORY OF

Part IV.

THE REVOLUTIONARY UNION OF THE COLONIES

The arti
cles of con
federation, 1778-81.
Powers of
ratifica
tion.

By New
York, Feb.
16th, 1778.

Enactingclause.

Proviso.

ties of law, and that all the subjects of this state, and
others inhabiting and residing therein from time to
time, and at all times thereafter, as long as the said
confederation shall subsist and endure, may be bound
by and held to the due observance of the said articles
of confederation, as a law of this state, if the same
shall be duly ratified by all the said United States in
congress assembled.
"Be it enacted and declared by the people of the state
of New York, represented in senate and assembly, and
it is hereby enacted by the authority of the same, that
the said several above recited articles of confederation,
and all and singular the clauses, matters and things in
the same contained, be, and the same are hereby fully
accepted, received, and approved, of, for and in behalf
of the people of this state. And to the end that the
same may, with all due form and solemnity, be ratified
and confirmed by this state in congress,
"Be it further enacted by the authority aforesaid, that
the delegates of this state, in the said congress of the
United States of America, or any two of the said dele
gates, shall be and hereby are, fully authorized, impow
ered and required, wholly, entirely and absolutely, for
and in behalf of the people of this state, and in such
manner and under such formalities as shall be deter
mined in congress, to ratify and confirm all and every
of the said above recited articles of confederation, and
all and singular the clauses, matters and things in the
same contained; and that an exemplification of this
act, tested by his excellency the governor or the lieut.
governor, or president of the senate of the state for the
time being, administering the government, and authen
ticated with the great seal of this state, shall be full
and conclusive evidence of this act.
"Provided always, that nothing in this act or the said
above recited articles of confederation contained, nor
any act, matter, or thing, to be done and transacted by
the delegates of this state in congress, in and concern-

THE UNITED STATES OF AMERICA. 681
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
ing the premises or any part thereof, shall bind orThearti-
oblige, or be deemed, construed or esteemed to bind or federation,"
oblige the governor, legislature, people, subjects, inhabi-l778-81-
tants, or residents, of this state, until the said above ratifica-
recited articles shall have been duly ratified and con-''0"'
' Not to
firmed by, or in behalf of, all the said United States in bind unless
congress assembled; anything herein, or in the said aa1tlfied by
above recited articles of confederation contained to the
contrary thereof in any wise notwithstanding."
" At the bottom of which act we find the following By New
certificates, to wit: 'In Senate, Thursday, January 16°t^ \i\%,
29th, 1778. This bill having been read the third
time, Resolved that the bill do pass. By order of the
senate, Pierre Van Courtlandt, president. — In assem
bly, Tuesday, February 3d, 1778. This bill having
been read three times, Resolved, that the bill do
pass. By order of the assembly, Waller Livingston,
speaker.' " And on the back of said bill we find the following
endorsement in writing, to wit : ' In the council for Act of the
revising all bills about to lie passed into laws by the __Tl^i_n°
legislature of the state of New York, on Friday, the
6th day of February, 1778, Resolved, that it does not
appear improper to this council that the bill entitled
'An act of accession to and approbation of certain pro
posed articles of confederation and perpetual union
between the United States, should become a law of this
state. George Clinton.'"
"In testimony whereof, we the said people of the Witness.
state of New York have caused the said act of our said
senate and assembly to be exemplified by these pres
ents, and our great seal of our said state to be here
unto appended. Witness our trusty and well beloved
George Clinton, Esq., our governor of our said state,
general and commander-in-chief of all the militia, and
admiral of our navy of the same, the sixteenth day of
February, in the second year of our independence and

682 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The ar- sovereignty, and in the year of our Lord one thousand
confedera- seven hundred and seventy-eight.
*^_81 George Clinton.
Powers of By his excellency's command,
tf0tn.ca* Richard Hatfield, Secretary."

Pennsylvania.
By Penn- " The Representatives of the freemen of the common-
March111' "wealth of Pennsylvania, in general assembly met, to
s, 1778. the honorable Benjamin Franklin, Doctor of Laws ;
Robert Morris, Esquire ; Daniel Roberdeau, Esquire ;
Jonathan B. Smith, Esq. ; James Smith, Esquire, of
York Town ; William Clingan, Esquire ; Joseph Read,
Esquire ; delegates for the said commonwealth in
the congress of the United States of America, send
greeting :
Preamble. "Know ye, that we the said representatives, having
taken into our most serious and weighty consideration
and deliberation, the articles of confederation between
the states of (naming them) lately transmitted to us
by the honorable Henry Laurens, Esquire, president of
the said congress, do by this present instrument, signed
by our speaker, and sealed with the seal of the laws of
this commonwealth, accede to, ratify, confirm, and
agree to the said articles ; which said articles are as
follows to wit : (Here the articles are recited verba
tim.) "And we, the said representatives, do hereby
authorize, empower, require and enjoin you, the said
Benjamin Franklin, Robert Morris, Daniel Roberdeau,
Jonathan B. Smith, James Smith, William Clingan,
and Joseph Read, or any two of you, in the name of
the said commonwealth of Pennsylvania, to accede to,
ratify, confirm, and agree to the said articles of con
federation. In testimony whereof we have caused the
seal of the laws of Pennsylvania to be hereunto affixed,
in general assembly at Lancaster, the fifth day of

the united STATES OF AMERICA. 683
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
March, in the year of our Lord one thousand seven Articles of
hundred and seventy-eight. ^aaBnr
(l. s.) John Bayard, Speaker." i778-8i.
 Powers of
ratifica-
Virginia. tion-
"In General Assembly, December 15, 1777.
" Resolved, nemine contradicente, that a speedy ratifi
cation of the articles of confederation between the
United States of America, will confound the devices
of their foreign, and frustrate the machinations of their
domestic, enemies ; encourage their firm friends, and By Virgin-
fix the wavering ; constitute much to the support of _5t_ ei777.
their public credit and the restoration of the value of
their paper money ; produce unanimity in their coun
cils at home, and add weight to their negotiations
abroad ; and completing the independence of their
country, establish the best foundation of its prosperity.
" Resolved, nemine contradicente, that the articles of
confederation and perpetual union, proposed by con
gress the 7th day of November last, between the states
of New Hampshire, &c, (naming them) — and referred
for approbation to the consideration of the several leg
islatures of the said states, be approved and ratified on
the part of this commonwealth, and that our delegates
in congress be accordingly authorized and instructed
to ratify the same, in the name and on the behalf of
this commonwealth, and that they attend for that pur
pose on or before the tenth day of March next.
Archibald Cary, Speaker of the senate.
G. Wythe, Speaker of the house of delegates:

»

North Carolina.
"State of North Carolina: In Senate, 25th of April, 1778. B North
" To his excellency, Richard Caswell, Esquire, Cap- Carolina,
tain-General, Governor, and Commander-in-Chief, &e.,f^25t '
&c.,&c. :

684 THE GOVERNMENTAL history of
Part IV. the revolutionary union of the colonies
The ar- " Sir: The two houses of the general assembly have
confedera- taken into consideration the confederacy proposed to
tion, the United. States by the continental congress, and have
Powers of unanimously acceded thereto ; and request your excel-
ratifica- foncy will be pleased to inform the president of the
Continental Congress thereof by the earliest opportunity.
Whitmill Hill, s. s.
John Williams, s. c.
"By order, J. Sitgreaves, c. s."

South Carolina.
"In General Assembly, the 4th day of Feb., 1778.
" Resolved, Nemine contradicente, that the delegates
c7 S\wta °^ *ms sta*e *n *ne C0I1thiental congress, or any three
Feb. 4th, of them, be and they are hereby authorized, on the
' /b' part of this state, to agree to and ratify articles of con
federation between the United States of America.
" Ordered, That the foregoing resolution be sent to
the honorable the legislative council for their concur
rence, and to his excellency the president for his assent.
By order of the house,
Thomas Bee, Speaker."
" In the Legislative Council, the 5th day of February,
1778: Read the foregoing resolution of the General
Assembly. " Resolved, That this house do concur with the gen
eral, assembly in the said resolution.
" Ordered, That it be sent to his excellency the presi
dent for his assent.
"Assented to, February 5th, 1778.
J. Rutledge, President.
"By order of the house,
Hugh Rutledge, Speaker."

Georgia.

By "House of Assembly, Thursday, Feb 26, 1778.
Georgia. "The house resolved itself into a committee of the

THE UNITED STATES OF AMERICA. 685
Part IV. under the declaration of independence.
whole house, to take into consideration the articles of The arti-
confederation and perpetual union, and after some time federation,"
spent therein, Mr. Speaker resumed the chair, and Mr. 1778-81.
Whitefield from the committee of the whole reported, ra°^eca. of
they had taken the said articles into consideration, and tion.
gone through the same, and made several amendments
thereto, which were read and agreed to.
" Resolved, That the delegates for this state be au- By Geor-
thorized and required to lay before the general congress Iff' 177a.
ofthe United States the several alterations proposed and
agreed upon by this house this day in the articles of
confederation, and that they do use their exertions to
have such alterations agreed to and confirmed in con
gress. " Resolved, That in case all, or none, of such altera
tions shall be agreed to and confirmed in congress, that
then and notwithstanding, they be empowered and
required, in behalf of this state, to sign, ratify, and
confirm the several articles of confederation recom
mended to the respective legislatures of the United
States by congress, or any other plan of a general con
federation which shall be agreed upon by nine of the
United States. Extract from the Minutes.
George Cuthbert, Clerk."

Before we proceed farther with the history of the rati- Report of
fication of the articles of confederation, it is important gateaein'
to observe, that it was not a union of the colonies or congress.
states which was now proposed by the congress, or acted
upon by the people through their several legislatures.
Nor was the appeal made to them to become members
of a Federal League. That they were already united
was conceded in all these credentials ; and their federal
dependencies were fixed by their union. They had
already submitted to the supremacy of the congress as
the general governing power, and were now acting un- preiimina
der a recognition of its authority, without its having r? re_
been invested with any of the attributes of sovereignty

686

THE GOVERNMENTAL HISTORY OF

Part IV.

the revolutionary union of the colonies

The arti
cles of con
federation, 1778-81.

The propo
sition in
volved
therein.

Reports
from the
colonies called for.

Report
from Mary
land, June,
1778.

independently of that their colonial union. The propo
sition contained in the articles of confederation there
fore, was, simply, a proposition to make that union per
petual. The compact proposed was a compact for per
petuity, and in that compact there was no proposition
for a disseverance or repudiation of their depend
ency upon the national government. By acceding to
it, they did not accede to a union of the colonies, or,
as they were now called, states ; but thereby they were
to agree that the union already existing should be made
perpetual and irrevocable. By this act they added
nothing to the supremacy of the congress as a govern
ing power which it did not already possess ; and they
ceded nothing over which themselves could claim, in
severalty, sovereignty or supremacy. Outside of the
league of union they were, every one of them, but de
pendencies upon the crown of Great Britain ; and had
never been anything else. The compact itself created
and secured for each colony while in the union, a sov
ereignty and independence which it had not, and could
not have, independently of the union. But the orig
inal compact was temporary, and was not made per
petual without objections ; consequently it is impor
tant to consider what effect, if any, the objections urged
had upon its terms or its construction as finally rati
fied. On the twenty-second day of June, 1778, on motion,
it was " Resolved, that the delegates of the states, be
ginning with New Hampshire, be called upon for the
report of their constituents upon the confederation,
and the powers committed to them, and that no amend
ments be proposed but such as came from a state."
The congress were proceeding to act under this reso
lution, when the delegates from Maryland asked leave
to read before the house certain instructions whicli they
had just received from their constituents, and moved,
that the objections from that colony to the articles of
confederation be immediately taken up and considered

THE UNITED STATES OF AMERICA. 687
under the declaration of independence. Part IV.
by congress, that the delegates from that state might The arti-
transmit, with all possible dispatch, the determination federation
of congress on those objections. in con_
. . gress
This motion being resolved in the affirmative, it was 1778-81.
then moved in behalf of Maryland, viz. : Reports
t 1 i ,,-1 from the
" Iii Article A, strike out the word " paupers, ana coionies.
after the words, " or either of them," insert " that one
state shall not be burthened with the maintenance of
the poor who may remove into it from any of the others
in the union." The question being put, was passed in
the negative, one state only answering aye.
Another amendment was moved in behalf of Mary- Report
land, "Article 8," After the words " granted to or sur-^°™land
veyed for," insert " or which shall hereafter be granted June 1778.
to or surveyed for any person." The question being
put, passed in the negative, 4 ayes, 8 noes.
A third amendment was then moved in behalf of
Maryland. "Article 9. After the words ' shall be deprived of
territory for the benefit of the United States,' insert
'the United States in congress assembled shall have
the power to appoint commissioners, who shall be fully
authorized and impowered to ascertain and restrict the
boundaries of each of the confederated states which
claim to extend to the river Mississippi, or South Sea.'
After debate, the yeas and nays being called by Mr.
Marchant of Rhode Island, it was decided in the nega
tive." The congress now proceeded to call on the delegates Report
from the several states, pursuant to the previous reso- *™m New
lution, when the delegates from New Hampshire stated, shire, June,
that that state had, in their general assembly, agreed
to the articles of confederation as they now stand, and
had impowered their delegates to ratify the same in
behalf of that state.
The delegates from Massachusetts Bay being called Report
on, read sundry objections transmitted to them by their gachusetts
constituents to the articles of confederation, and there- Ba7-

688 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The arti- upon moved in behalf of their state, " 1st ; that the eighth
federation* "^ticle be reconsidered, so far as relates to the criterion
in con- fixed on for settling the proportion of taxes to be paid
i778%i. hy each state, that an amendment may be made so
Reports that the rule of apportionment may be varied from time
colonic! to time, by congress, until experience shall have showed
what rule of apportionment will be most equal and con
sequently most just. Motion lost, ayes, 2, noes, 8.
Report 2nd. That the fifth section of the ninth Article be
sachusltts reconsidered so far as relates to the rule of apportion-
Bay, June, }ng bne number of forces to be raised by each state on
the requisition of congress. Motion lost, 3 ayes, 7
noes. 3rd. That the sixth section of the ninth Article be
reconsidered so far as it makes the assent of nine states
necessary to exercise the powers with which congress
are thereby invested. Motion lost.
Report The delegates from Rhode Island, being called on,
from produced instructions from their constituents, and there-
and. fore moved the following amendments :
See p. 667. u ist jn the fifth Article, after the word " two," insert
" members, unless by sickness, death or any other una
voidable accident, but one of the members of a state
can attend congress, in which case each state may be
represented in congress by one member for the space
of months." Motion lost, 1 aye, 9 noes.
" 2nd. In the eighth Article, at the end of the second
paragraph, after the words, " for the benefit of the
United States," add " provided, nevertheless, that all
Public lands within these states, the property of which before
the present war was vested in the crown of Great Britain,
or out of which revenues from quit-rents arise, paya
ble to the said crown, shall be deemed, taken, and con
sidered as the property of these United States, and be
disposed of and appropriated by congress for the benefit
of the whole confederacy, reserving, however, to the
states, within whose limits such crown lands may be,

domain.

THE UNITED STATES OF AMERICA. 689
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
the entire and complete jurisdiction thereof. Motion The arti-
passed in the negative, 1 aye, 8 noes. . federation"
The delegates from Connecticut being called on, pro-™ con
duced instructions, and thereupon moved the following ms-si.
amendments : " 1st. In the eighth Article, after the words Reports
"in proportion to," strike out what follows to the end Co°__.ies?
of the sentence, and in lieu thereof insert " the num- Report
ber of inhabitants in each state." Motion passed in nre°c™cu£n"
the negative, 3 ayes, 9 noes." June,i778.
" 2nd. In the ninth Article, at the end of the fifth para- de_ti_is
graph, add the words following: "provided that noante>
land-army shall be kept up by the United States in time
of peace, nor any officers or pensioners kept in pay by
them, who are not in actual service, except such as are,
or may be, rendered unable to support themselves by
wounds received in battle in the service of the said
states, agreeably to the provisions already made by a
resolution of congress." Motion passed in the nega
tive, 1 aye, 11 noes."
The delegates of New-York being called on, pro- Report
duced, under the great seal of their state, an exempli- y°™New
fication of an act of the legislature thereof, ratifying 1778.
the articles of confederation as passed by congress, with ?eet°r^'
a proviso that tlie same shall not be binding on the ante,
rt T» fi*7ft
state until all the other states in the union ratify the p'
same. The delegates from New-Jersey being called on, laid Report
before congress a representation ofthe Legislative Coun- jersey.
cil and General Assembly of their state respecting the
articles of confederation, as follows :
" To the United States in congress assembled : The Repre-
representation of the legislative council and general
assembly of the state of New Jersey, showeth ; that
the articles of confederation and perpetual union, be
tween the states of New Hampshire, &c, (naming
them) proposed by the honorable the congress of the
said states, severally for their consideration, have been
44

690 THE GOVERNMENTAL HISTORY OP
Part IV. the revolutionary union of the colonies
The arti- fully and attentivelv considered, on which we beg leave
StioTto remark, as follow. :
in con- First. In the fifth Article, where, among other things,
1778-81. the qualifications of the delegates from the several
Reports states are described, there is no mention of any oath,
colonies? test, or declaration, to be taken or made by them pre-
Report vious to their admission to seats in congress. It is, in-
jc°™e^ew"deed, to be presumed the respective states will be care
ful that the delegates they send to assist in managing
the general interests of the union, take the oaths to the
government from which they derive their authority,
but as the United States, collectively considered, have
interests as well as each particular state, we are of opin
ion that some test or obligation, binding upon each
delegate while he continues in the trust, to consult and
As to oath pursue the former as well as the latter, and particu-
of office. iariy to assent to no vote or proceeding which may vio
late the general confederation, is necessary. The laws
and usages of all civilized nations evince the propriety
of an oath on such occasions, and the more solemn and
important the deposit, the more strong and explicit
ought the obligation to be.
As to the "Second. By the sixth and ninth Articles, the regu-
ofStr_de°n latioii of trade seems to be committed to the several
states within their separate jurisdictions in such a de
gree as may involve many difficulties and embarrass
ments, and be attended with injustice to some states in
the union : We are of opinion that the sole and exclu
sive power of regulating the trade of the United States
with foreign nations, ought to be clearly vested in the
congress ; and that the revenue arising from all duties
and customs imposed thereon ought to be appropriated
to the building equipping and manning a navy, for the
protection of the trade and defence of the coasts, and
to such other public and general purposes as to the
congress shall seem proper, and for the common benefit
of the states. This principle appears to us to be just,
and it may be added that a great security will by this

THE UNITED STATES OF AMERICA. 691
under the declaration of independence. Part IV.
means be derived to the union from the establishment The arti-
of a common and mutual interest. cies of
contedera-
" Third. It is wisely provided in the sixth Article, tion in
that no body of forces shall be kept up by any state in _7°f_|^
time of peace, except such number only as in the Reports
judgment of the United States in congress assembled, ______££
shall be deemed requisite to garrison the forts neces
sary for the defence of such states : We think it ought Report
also to be provided and clearly expressed, that no body je°r_le^ew
of troops be kept up by the United States in time of
peace, except such number only as shall be allowed by
the assent of nine states. A standing army, a military
establishment, and every appendage thereof, in time
of peace, is totally abhorrent from the ideas and prin
ciples of this state. In the memorable act of congress, As to a
declaring the united colonies free and independent^™ Dg
states, it is emphatically mentioned as one of the
causes of separation from Great Britain, that the sov
ereign thereof had kept up among us, in time of peace,
standing armies without the consent of the legislatures.
It is to be wished the liberties and happiness of the
people may, by the confederation, be carefully and
explicitly guarded in this respect.
"Fourth. On the eighth Article we observe, that as as to the
frequent settlements of the quotas for supplies and settlement
aids to be furnished by the several states, in support
of the general treasury, will be requisite, so they ought
to be secured. It cannot be thought improper or un
necessary to have them struck once at least in every
five years, and oftener if circumstances will allow.
The quantity or value of real property in some states
may increase much more rapidly than in others, and
therefore the quota which is at one time just, will at
another be disproportionate.
"Fifth. The boundaries and limits of each state As to the
ought to be fully and finally fixed and made known. b0^^e
This we apprehend would be attended with very salu
tary effects by preventing jealousies as well as contro-

692 THE GOVERNMENTAL HISTORY OP
Part IV. the revolutionary union of the colonies
The arti- versies, and promoting harmony and confidence among
confedera- the states. If the circumstances of the times would
tion in not admit of this, previous to the proposal of the con-
1778-8?.' federation to the several states, the establishment of
Reports the principles upon which, and the rule and mode by
colonies! which, the determination might be conducted, at a time
more convenient and favorable for dispatching the
Report same at an early period, not exceeding five years from
Jersey.6*' the final ratification of the confederation, would be
satisfactory. "Sixth. The ninth Article provides, that no state
shall be deprived of territory for the benefit of the
United States ; whether we are to understand, that by
territory is intended any land, the property of which'
was heretofore vested in the crown of Great- Britain :
> or that no mention of such land is made in the confed-
^ eration, we are constrained to observe, that the present
war, as we always apprehended, was undertaken for
the general defence and interest of the confederating
colonies, now the United States.
As to dis- "It was ever the confident expectation of this state,
of SpubUc that the benefits derived from a successful contest were
domain, to be general and proportionate ; and that the property
of the common enemy, falling in consequence of a
prosperous issue of the war, would belong to the Uni
ted States, and be appropriated to their use : We are
therefore greatly disappointed in finding no provision
made in the confederation for empowering the congress
to dispose' of such property ; but especially the vacant
and unpatented lands, commonly called the crown
lands, for defraying the expenses of the war, and for
such other public and general purposes. The jurisdic
tion ought in every instance to belong to the respective
states within the charter or determined limits of which
such lands may be seated ; but reason and justice must
decide, that the property which existed in the crown
of Great Britain, previous to the present revolution,
ought now to belong to the congress in trust for- the

THE UNITED STATES OF AMERICA. 693
under the declaration of independence. Part IV.
use and benefit of the United States. They have The arti-
fought and bled for it, in proportion to their respective f^l^^
abilities, and therefore the reward ought not to be pre- tion in
dilectionally distributed. mf-si.'
" Shall such states as are shut out by situation from Reports
availing themselves of the least advantage from this cXLies?
quarter, be left to sink under an enormous debt, while
others are enabled, in a short period, to replace all
their expenditures from the hard earnings of the whole
confederacy? " Seventh, The ninth Article also provides that the
requisition for the land forces to be furnished by the Report
several states shall be proportioned to the, number of jerSey..
white inhabitants in each. In the act of Independence
we find the following declaration: 'We hold these
truths to be self-evident, that all men are created
equal ; that they are endowed by their Creator with As to land
certain inalienable rights, among which are life, liberty,
and the pursuit of happiness : " — of this doctrine it is
pot a very remote consequence, that all the inhabitants
of every society, be the colour of tlieir complexion
what it may, are bound to promote the interest thereof,
according to their respective abilities. They ought,
therefore, to be brought into the account on this occa
sion. But admitting necessity or expediency to justify
the refusal of liberty in certain circumstances, to per- *
sons of a particular colour, we think it unequal to
reckon upon such in this case- Should it be improper,
for special local reasons, to admit them in arms for the
defence of the nation, yet we conceive the proportion
of forces to be embodied ought to be fixed according
to the whole number of inhabitants in the state, from
whatever class they may be raised.
"If iii the whole number of inhabitants, in a state
whose inhabitants are all whites, both those who are
called into the field and those who remain to till the
ground, and labor in mechanical arts and otherwise, are
reckoned ia the estimate for striking the proportion of

694 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The arti- forces to be furnished by that state, ought even a part
"o^federa- °^ the latter description to be left out in another ? As
tion in it is of indispensable necessity in every war, that a
mf-sT.' part of the inhabitants be employed for the uses of
Beport3 husbandry and otherwise at home, while others are
colonies! • called into the field, there must be the same propriety
that others of a different colour, who are employed for
this purpose in one state, while whites are employed
for the same purpose in another, be reckoned in the
account of the inhabitants in the present instance.
"Eighth. In order that the quota of troops to be
Report furnished in each state, on occasion of a war, may be
Jersey. equitably ascertained, we are of opinion, that the in
habitants of the several states ought to be numbered
- as frequently as the nature of the case will admit, and
As to once at least every five years. The disproportioned
census. increase in the population of different states may ren
der such provision absolutely necessary.
"Ninth. It is provided in the ninth Article, that the
assent of nine states out of the thirteen shall be neces
sary to determine in sundry cases of the highest con-
Consent cern. If this proportion be proper and just, it ought
¦ta.tegT to be kept up should the states increase in number,
and a declaration thereof be made for the satisfaction
of the union.
" That we think it our indispensable duty to solicit
the attention of congress to these considerations and
remarks, and to request that the purport and meaning
of them be adopted as part of the general confedera
tion ; by whicli means we apprehend the mutual inter
ests of all the states will be better secured and pro
moted ; and that the legislature of this state will then
be justified in ratifying the same.
Motion on " Whereupon it was moved, that the several articles
the report. jn ^ confederation, referred to in the foregoing rep-
See p. 703. resentation, be so far re-considered as to admit the
purport and meaning of the additions, alterations, and
amendments, proposed in the said representation:
Passed in the negative, 3 ayes, 6 noes, 1 divided:

THE UNITED STATES OF AMERICA. 695
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
The delegates from Pennsylvania being next called The ar-
on, moved the following amendments in behalf of confedera-
their state : . tion m
congress,
" First. In the first paragraph of the fifth Article, 1778-81.
dele the words ' for the remainder of the year.' Passed Reports
n ? • • 7 from the
in the negative, 2 ayes, 8 noes, 1 divided. colonies.
"Second. That such part of the ninth Article asKePort
respects the post office, be altered or amended, so as that sylvania.
congress be obliged to lay the accounts annually before Hjg®t;a£
the legislatures of the several states. Passed in the p. 682.
negative, 2 ayes, 9 noes.
" Third. In the fifth paragraph of the ninth Article,
expunge the word white. Passed in the negative,
3 ayes, 7 noes, 1 divided.
" Fourth. In the last section of the ninth Article, after
the word ' delegates,' add ' respectively.' Passed in
the negative, 1 aye, 10 noes.
The delegates from Virginia being next called on, Report
informed congress that they were empowered to ratify, ^j"™.
in behalf of their state, the articles of confederation, See p. 683.
as they now stand.
The delegates from South Carolina were next called Report
on, and moved the following amendments in behalf of g°Jh Car.
their state. olina. see
"First. In Article 4, between the words 'free inhabit- p%_4.
ants ' insert ' white.' Passed in the negative, 2 ayes,
8 noes, 1 divided.
" Second. In the next line, after the words ' these
states,' insert ' those who refuse to take up arms in
defence of the confederacy.' Passed in the negative,
3 ayes, 8 noes.
" Third. After the words, ' the several states,' insert
* according to the law of such states respectively for
the government of their own free white inhabitants.'
Passed in the negative, 2 ayes, 8 noes, 1 divided.
" Fourth. After the words ' of which the owner is an
inhabitant,' insert 'except in cases of embargo.'
Passed in the negative, 2 ayes, 9 noes.

696 THE GOVERNMENTAL HISTORY CF
Part IV. the revolutionary union of the colonies.
The a.- «• Fifth. In the first paragraph of the fifth Article,
confedera- strike out ' first Monday in November,' and insert
tion in 'nineteenth dav of April.' Passed in the negative,
congress, ¦> . J
1778-81. 1 aye, 9 noes, 1 divided.
Reports a Sixth. In the second paragraph of the fifth Article,
from the » j ¦
colonies, substitute ' three ' in the place of ' two ; ' and ' two m
the place of ' three,' and ' four ' in the place of ' six.'
Passed in the negative, 2 ayes, 9 noes.
" Seventh. In the third paragraph, for ' committee,'
read ' grand council.' Passed in the negative, 1 aye,
9 noes, 1 divided.
" Eighth. In the first paragraph of the sixth Article,
Report for ' prince or state ' read ' prince or foreign state,' ex-
South Car- cept the same be upon the subject of commerce, nor
olina. ^-nen so as t0 interfere with any treaty or alliance of
the United States made, or treaty proposed, by con
gress.'' Passed in the negative, 2 ayes, 9 noes.
Ninth. In the second paragraph of the sixth Article,
strike out ' by some nations of Indians,' and after the
words ' to invade such state,' insert ' or upon requisi
tion to assist a sister state actually invaded or threat
ened with an invasion.' Passed in the negative, 3 ayes,
8 noes. " Tenth. In the first paragraph of the seventh Ar
ticle, strike out, ' of or under the rank of colonel,' and
after ' shall be appointed,' insert ' and commissioned.'
Passed in the negative, 2 ayes, 8 noes, 1 divided.
" Eleventh. At the end of the seventh Article add,
' the troops to be raised shall be deemed the troops of
that state by which they are raised. The congress, or
grand council of the states, may, when they think
proper, make requisition to any state for two-thirds of
the troops to be raised ; which requisition shall be bind
ing upon the said states respectively ; but the remain
ing third shall not be liable to be drawn out of the
state in which they are raised, without the consent of
the executive authority of the same. When any forces
are raised, they shall be under the command of the

THE UNITED STATES OF AMERICA. 697
UNDER THE DCELARATION OF INDEPENDENCE. PART IV.
executive authority of the state in which they are so The ar-
raised, unless they be joined by troops from any other ^oiftdJr -
state, in which case the congress, or grand council, may tiou in
appoint a general officer to take the command of the i^f-lT.'
whole : and until the same can be done, the command Reports
shall be in the senior officer present, who shall be ame- cr00i_nie^
liable for his conduct to the executive authority of the
state in which the troops are, and shall be liable to be
suspended thereby. The expenses of the troops so to
be raised shall be defrayed by the state to which they
belong; but when called into service by the United
States they shall be fed and paid at the expense of the
United States.' Passed in the negative 2 ayes, 9 noes.
"Twelfth. In the first line of the eighth Article,
strike out ' charges of war and all other.' Passed in
the negative, 2 ayes, 8 noes, 1 divided..
" Thirteenth. In the same Article, strike out ' accord Report
ing to such mode as the United States in congress gr°^_. Car.
assembled, shall from time to time direct and appoint ;' ohna-
and instead of ' and improvements thereon shall be
estimated,' read ' and improvements thereon shall by
periods of years not exceeding ten, as often as may be
required by congress, be generally estimated by persons
to be appointed by the legislatures of the respective
states to value the same upon oath.' Passed in the
negative, 2 ayes, 9 noes.
"Fourteenth. In the first paragraph of Article the
ninth, strike out ' appointing courts for the trial of pira
cies and felonies committed on the high seas,' and in
lieu thereof insert, ' declaring what acts committed on
the high seas shall be deemed piracies or felonies.'
Passed in the negative, 2 ayes, 9 noes.
"Fifteenth. In the second paragraph of the ninth
Article, for ' be the last resort on appeal,' read ' decide
and determine ; ' and strike out ' all that relates to the
mode of settling differences between states, and contro
versies concerning private right of soil.' Passed in the
negative, 2 ayes, 9 noes.

698 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
Thear- "Sixteenth. In the fifth paragraph of the ninth Ar-
confedera- tide, after the words, ' in any term of,' strike out
tion in ' three,' and insert ' two.' Passed in the negative, 2
congress, 1778-81. ayes, 9 noes.
Reports "Seventeenth. In the sixth paragraph of the ninth
colonies. Article, for ' unless nine states,' read ' unless eleven
states.' Passed in the negative, 2 ayes, 9 noes.
"Eighteenth. At the end of the same paragraph,
strike out the words, ' in congress assembled.' Passed
in the negative, 1 aye, 10 noes.
"Nineteenth. In the last paragraph of the ninth Ar
ticle, after the words, ' and the yeas and nays of the
Report delegates of each state on,' for ' any,' read ' every,' and
South Car- strike out the words, ' when it is desired by any dele-
olina. gate.' Passed in the negative, 2 ayes, 9 noes.
"Twentieth. In the same sentence, strike out, 'a
state or,' and also ' at his or their request,' and after
the words ' and the,' insert ' respective states or the ; '
and after ' shall,' insert ' upon requisition.' Passed in
the negative, 1 aye, 10 noes.
"Twenty-first. Amend the last clause of the thir
teenth Article, so as to read ' unless such alteration be
agreed to by eleven of the United States in congress
assembled, and be afterwards confirmed by the legisla
tures of eleven of the United States.' Passed in the
negative, 3 ayes, 6 noes, 2 divided.
Report The delegate from Georgia being called on, informed
Georgia, congress that he had not yet received any instructions
See p. 684, 0r orders from his constituents respecting the articles
of confederation ; but that his state having shown so
much readiness to ratify them even in an imperfect
state, and it being so much for their interest that the
confederation should be ratified, he had no doubt of
their agreeing to the articles as they now stand.
Delaware Delaware and North Carolina, not having delegates
and North , . , , „ . ,
Carolina, present in congress no report was received from them,
?nl p<fnfl88' excePt what is contained in Governor Caswell's letter
informing the president that the legislature of North

THE UNITED STATES OF AMERICA. 699
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
Carolina had agreed to the articles of confederation : The ar-
Whereupon it was St
" Ordered That a committee of three be appointed to tion in
congress
prepare the form of a ratification of the articles of con- mi-si.'
federation. Mr. R. H. Lee, Mr. G. Morris, and Mr. Dana, Committee
were appointed on this committee, and on the twenty- form of
sixth day of June, reported a draft form, which was f.atlfica"
adopted by congress, as follows, viz. :
" To all to whom these presents shall come : We, the dele
gates of the states affixed to our names, send greeting:
" Whereas the delegates ofthe United States of Amer- Form of
ica, in congress assembled, did, on the fifteenth day of rep0rted
November, in the year of our Lord one thousand seven bythecom-
hundred and seventy-seven, and in- the second year of adopted by
the Independence of America, agree to certain articles j™frJ^'8
of confederation and perpetual union between the states
of New Hampshire ; Massachusetts Bay ; Rhode Island
and Providence Plantations ; Connecticut ; New York ;
New Jersey; Pennsylvania; Delaware; Maryland; Vir
ginia; North Carolina; South Carolina; and Georgia;
in the words following, viz.: (Articles inserted at
length.*) Which articles were by congress proposed * See Arti-
to the legislatures of all the United States, to be con- c es p"
sidered ; and if approved of by them, they were advised
to authorize their delegates to ratify the same in the
congress of the United States : And whereas it hath
pleased the Great Governor of the world to incline the
hearts of the legislatures we respectively represent in
congress, to approve of, and to authorize us to ratify,
the said articles of confederation and perpetual union,
Know ye, that we, the undersigned delegates, by virtue
of the power and authority to us given for that purpose,
do, by these presents, in the name and in behalf of our
respective constituents, fully and entirely ratify and
confirm each and every of the said articles of confede
ration and perpetual union, and all and singular the
matters and things therein contained.

700 THE governmental history of
Part IV. the revolutionary union of the colonies
The ar- "And we do further solemnly plight and engage the
confedera- faith of our respective constituents, that they shall abide
tion in by the determinations of the United States in congress
1778-81.' assembled, on all questions, which by the said confede-
Form of ration are submitted to them ; and that the articles
adopted by thereof shall be inviolably observed by the states we
congress, respectively represent ; and that the union shall be per
petual. "In witness whereof we have hereunto set our hands
this  day of  , in the year of our Lord one
thousand seven hundred and seventy-eight, and in the
* * * year of the Independence of the United States
of America."
Immediately after the adoption thereof, it was
Ordered to » Ordered, That a copy of the articles of confedera-
DG 6H°T0SS"
ed. tion, with the above ratification, be engrossed on parch
ment, in order that the same may be signed before con
gress adjourn from this place."
The engrossed copy was laid before congress for rati
fication on the ninth day of July following, when the
following resolution was adopted:
Resolution "Resolved, That in the ratification of the articles
grossment. °f confederation, to be signed by the delegates, the fol
lowing words be omitted, to wit : ' which articles were
Omission, ty congress proposed to the legislatures of the United
States to be considered ; and, if approved by them, they
are advised to authorize their delegates to ratify the
same in the congress of the United States.' "
The ratification, engrossed on a roll of parchment,
was then examined ; and the blanks -in the third line
from the bottom being filled up, at the table, with the
words " ninth " and " July " ; and the blank in the last
Signing of i_ne with the word " third ; " the same was signed on
trip fl.pf'lfMPS ^"^
and ratifi- the part and behalf of their respective states, agreeably
T'eTht of *° tne Powers nested in them, by the delegates from
the colo- New Hampshire, Massachusetts Bay, Rhode Island and
July 9th. Providence Plantations, Connecticut, New York, Penn
sylvania, Virginia, and South Carolina.

THE UNITED STATES OF AMERICA. 701
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
The delegates from the states of New Jersey, Dela- The ar-
ware, and Maryland, informed congress that they had Coifedera-
not yet received powers to ratify and sign. North tion in
Carolina, whose legislature had ratified the articles of 1778-81.'
confederation ; and the state of Georgia ; were not at s.tat?s n°*
this date represented in congress. After the ratifica
tion was completed by the delegates present who were
empowered to sign the same, it was
" Resolved, That a committee of three be appointed Resolution
to prepare a Circular Letter to the states in this union
that have not hitherto authorized tlieir delegates to ratify
the confederation, informing such states how many
and what states had already ratified the same, and de
siring that such states will, with all convenient dispatch,
authorize their delegates to ratify the confederation in
the congress of the United States."
Mr. Lee, Mr. Dana and Mr. G. Morris, were accord- Committee
ingly appointed a committee for this purpose. On the ^report.
"tenth day of July, the next day after their appointment,
the committee reported a draft letter to congress, which,
being read and amended, was adopted as follows, viz. :
" Sir, — Congress, intent upon the present and future Circular
security of these United States, has never ceased to Jf"^ °_ in
¦" COHgrCSS 10
consider a confederacy as the great principle of union, the coio-
which can alone establish the liberty of America, and nad not
exclude forever the hones of its enemies. Influenced authorized
by considerations so powerful, and duly weighing the cation,
difficulties which oppose the expectation of any plan j"^11* '
being formed that can exactly meet the wishes and
obtain the approbation of so many states, differing
essentially in so many points; congress have, after
mature deliberation, agreed to adopt without amend
ments the confederation transmitted to the several
states for their approbation. The states of New Hamp
shire, Massachusetts Bay, Rhode Island and Provi
dence Plantations, Connecticut, New York, Pennsyl
vania, Virginia, North Carolina, and South Carolina,
have ratified the same; and it remains only for your

702 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The ar- state with those 0f ***** to conclude the
confedera- glorious compact, which, by uniting the wealth, strength
tion in an(j councils of the whole, may bid defiance to external
congress, ' '
1778-81. violence and internal dissensions, whilst it secures the
public credit both at home and abroad. Congress is
willing to hope that the patriotism and good sense of
your state will be influenced by motives so important ;
and they request, sir, that you will be pleased to lay
Circular this letter before the legislature 0f ***** in
the" n- or(^er that, if they judge it proper, their delegates may
gress. be instructed to ratify the confederation with all con
venient dispatch; trusting to future deliberations to
make such alterations and amendments as experience
may show to be expedient and just.
I have the honor to be, &c."

Report and On Monday, July thirteenth, Mr. Telfair, a delegate
by dele- from Georgia, attended and produced the credentials
gates from 0f ^ne delegates of that state : And on the twenty-
Georgia, ° J
July, 1778. third day of the same month the delegates laid before
684 P6q8 *ne conSress the proceedings of the assembly of that
state respecting the articles of confederation, which
were read. On the twenty-fourth, the delegates pres
ent, George Walton, Edward Telfair, and Edward
Langworthy, pursuant to the powers vested in them,
signed the ratification of the articles of confederation.
Report and On the sixteenth day of July, Mr. Penn, a delegate
by'deie*1011 from North Carolina, attended the congress and pro-
gates from duced the credentials of the delegates from that state,
Carolina, which was a commission signed by Gov. Caswell and
July, 1778. certified by the secretary, notifying them of their elec-
ee p. 683. t;oj^ ^ &^ certifying that they were respectively
thereby "invested with such powers as may make any
act done by you, or consent given in the said congress
in behalf of this state, obligatory upon every inhabit
ant thereof." Pursuant to the power thus vested in
them the delegates, John Penn, Cornelius Harnett and
John Williams, affixed their names to the ratification of

THE UNITED STATES OF AMERICA. 703
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
the articles of confederation, in behalf of that state, The arti-
July 22d, 1778.* cles°f
» ' coniedera-
On the twenty-fifth day of November, Mr. With- tion in
erspoon, a delegate from the state of New Jersey, Tr^-Sl
attended and laid before congress powers to the dele
gates of that state to ratify the confederation, which
were read as follows :
"L. S. By his excellency, William Livingston, Es- Further re-
quire, Governor, Captain-general, and Commander-in- ?°1rt b^ the
chief, in and over the state of New Jersey and territo-from New
ries thereunto belonging, Chancellor and Ordinary in NovTms.
the same. To all to whom these presents shall come,
greeting : Know ye, that among the records in the
secretary's office, in the state of New Jersey, there is
a certain instrument in writing purporting to be an act
of the council and general assembly of the said state,
which said act is contained in the words and tenor here
following, to wit :
" An act to authorize and impower the delegates
of the state of New Jersey in congress, to subscribe
and ratify the articles of confederation and perpetual
union between the several states.
" Whereas, articles of confederation and perpetual
union between the states of ***** * signed
in the congress of the said states, by the Honorable
Henry Laurens, Esquire, their president, have been
laid before the legislature of this state, to be ratified
by the same if approved : And whereas, notwithstand
ing the terms of the said articles of confederation and
perpetual union are considered in divers respects une
qual, and disadvantageous to this state, and the objec
tions to several of the said articles lately stated and See p. 689.
sent to the general congress aforesaid, on the part of
this state, are still viewed as just and reasonable, and
sundry of them as of the most essential moment to the * journaig
welfare and happiness of the good people thereof : yet, of con-
under the full conviction of the present necessity of
acceding to the confederacy proposed, and that every

704 the governmental history of
Part IV. the revolutionary union of toe colonies
The arti- separate and detached state interest ought to be post-
confedera- poned to the general good of the union ; And moreover,
tion in jn f_rm reliance that the candor and justice of the sev-
congress, .,,.-,.
1778-81. eral states will, m due time, remove, as far as possible,
the inequality which now subsists :
" Section 1st. Be it enacted, by the Council and
General Assembly of this state, and it is hereby enacted
Powers by the authority of the same, that the honorable John
cattonby" Witherspoon, Abraham Clarke, Nathaniel Scudder, and
the dele- Elias Boudinot, Esquires, delegates representing this
New Jer- state in the congress of the United States, or any
^'8Nov'' one' or more of them, be and they hereby are, author
ized, impowered, and directed, on behalf of this state,
to subscribe and ratify the said articles of confedera
tion and perpetual union between the states afore
said. " Sect. 2d. And be it further enacted, by the au
thority aforesaid, that the said articles of confederation
and perpetual union, so as aforesaid subscribed and
ratified, shall thenceforth become conclusive as to this
state, and obligatory thereon.
"In testimony whereof, the great seal of the said
state of New Jersey is hereunto affixed, at Trenton,
the twentieth day of November, in the year of our
Lord one thousand seven hundred and seventy-eight ;
and in the • third year of the Independency of the
United States of America. "William Livingston.
"By his Excellency's command,
" Bowes Reed, Secretary."
Ratifica- In pursuance of these powers, the delegates of New
Nov. 26th Jersey signed the ratification of the articles of confed-
1'1'1S- eration and perpetual union, November 26th, 1778.

That a Protestant Christianity has at all times been
recognized by the people of America as an essential
element in tlieir constitutional and political organisms,

THE UNITED STATES OF AMERICA. 705
UNDER THE DECLARATION OF INDEPENDENCE. PART IV-
has been made fully apparent in the progress of this The arti-
history. We find an ample recognition of it by the^f°J
congress in one of the first acts of their first session, tion in
and at every subsequent meeting, in the appointment _??f_|™'
of chaplains, whose services were daily put in requisi
tion. We find it recognized in tlieir Manifesto upon
taking up arms ; in their petitions to the king, their
addresses to the people of Great Britain, and to the conat;tu.
inhabitants of America. We find it also in the Decla- tional re-
ration of their Independence ; in their address on the 0f Protest-
? state of public affairs upon ' the ratification of the antlsm b?
. \ r congress.
treaty with Prance. We find it again m their recent
circular letter to the states with reference to the adop- See p. 663.
tion of the articles of confederation. And now, in the
very midst of the most absorbing cares and pressing
responsibilities which could occupy their attention,
elated by the favor with which those articles had been
thus far received by the several colonies, they put forth
to the world an expressive recognition of it, by ordering,
"That the Chaplains of Congress prepare and report Resolution
a recommendation to the several states, to set apart |jjj tuge^
the thirtieth day of December next, as a day of gen- giving,
eral thanksgiving throughout the United States." ov'' '
Pursuant to this resolution, the Chaplains prepared
and reported a recommendation ; which, being read
and amended, was adopted, November seventeenth, Report on.
1778, as follows, viz. :
"It having pleased Almighty God, through theTheproc-
course of the present year, to bestow many great and lamatl0n-
manifold mercies on the people of these United States ;
and it being the indispensable duty of all men grate
fully to acknowledge their obligations to him for bene
fits received :
"Resolved, That it be and hereby is recommended Thanks-
to the legislative or executive authority of each of the jjj^£ and
said states, to appoint Wednesday, the thirtieth of De
cember next, to be observed as a day of public thanks
giving and praise : that all people may, with united
45

706 THE governmental history of
Part IV. the revolutionary union of the colonies
The arti- hearts, on that day,, express a just sense of His unmer-
confedera,- *ted favors ; particularly in that it. hath pleased Him,
tion in by His over-ruling Providence, to support us in a, just>
177I-8L' and necessary war for the defence of our rights and.
Prociama- liberties ; by affording us seasonable supplies for our
general a armies ; by disposing the heart of a powerful monarch
thanksgiv- to enter into an alliance with usj, and aid our cause i
ing by con-
gress, Nov. by defeating the councils and evil designs ot our ene-
17th, 1778., mieSj and giving us victory over their troops ; and by
the continuance, of that union among these states,,
which, by His blessing, will be their future strength.
and glory.
Penitence "And it is further recommended, that, together with
Session. " devout thanksgiving, may be joined a. penitent confes
sion of our sins, and humble supplication for pardon
through the merits of our Saviour ; so that, under the.
smiles of Heaven, our public councils may be directed,
our arms by land and sea prospered, our liberty and
Invoca- independence secured, our schools and seminaries of
learning flourish, our trade be revived, our husbandry
and manufactures increased, and the hearts of all im
pressed with undissembled piety, with benevolence, and
zeal for the pubhc good.
To abstain "And it is also recommended, that recreations unsuit-
ation.reCre aD^e t° ^G purpose of such a solemnity may be omit
ted on that day.
"Done in Congress, this 17th day of November, 1778,.
and in the third year of the Independence of the Uni
ted States of America."'

Report Delaware, from whatever cause, seems to have been
wa™ Dela"in a vei7 disturbed condition during the year 1778, so
See pp. that no action was taken by her legislature on the arti-
683,688. cies, 0f confederation. On the sixth of November of
that year, '>' a letter of the fourth, from Mr. President
Rodney, of the state of Delaware, was laid before Con
gress," informing them "that the members of the
House of Assembly have, by some means or other, in

THE UNITED STATES OF AMERICA. 707
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
the course of the second and third instant, dispersed ; The arti-
and thereby the house dissolved without having com- _0enf°_era,.
pleted any one piece of business laid before them." tion in
Whereupon it was " Resolved,, That the president 177I-81.'
write to the honorable C. Rodney, Esquire, president Resolution
of the state of Delaware, and request him to call the
assembly of that state together as soon as possible."*
On Tuesday, the sixteenth day of February, 1779,
Mr. McKeane, a delegate from Delaware, laid before the
congress an act of the general assembly of that state,
duly authenticated hy the seal, of the state and the cer
tificate of the governor, in the. words and figures fol
lowing, to wit :
"Anno Millessimo Septingentessimo Septuagessimo Powers
nom). An aet to authorize and empower the delegates cation by*
of the Delaware State, to subscribe and ratify the arti-the de).e-
gates from
cles of confederation and perpetual union between the Delaware^
several states of (naming them), signed in the general ^??j 16'
congress ofthe said states by- the honorable Henry Lau
rens, Esquire, their then president,, having been laid
before the legislature of this state, to be ratified by the
same,, if approved: And whereas, notwithstanding the
terms of the articles of confederation and perpetual
union, are considered as in divers respects unequal and
disadvantageous to this state, and the objections stated
on the part, of this state are mewed as just and reason
able- and of great, moment to the welfare and happiness
of the gpod people thereof,; yet, under the full convic
tion of the present, necessity of acceding to the con
federacy proposed^ and that the, interest of particular
states, ought to- be postponed to the general good of the
union,, and moreover, in firm, reliance tliat the* candor
and justiee of tlie several states will, in due time, re*
move as far as possible, the objectionable parts thereof:
Be it enacted by the General Assembly of Delaware, and * journals
it is hereby enacted, by the. authority of the same, that of Con"
the honorable John Dickinson, Nicholas Van Dyke, and
Thomas McKeane, Esquires, delegates appointed to rep-

708 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The arti- resent this state in congress, or any one or more of them,
confedera- De an<^ they hereby are, authorized, empowered and di
tion in rected, on behalf of this state, to subscribe and ratify
1778-81.' the said articles of confederation and perpetual union
Powers between the several states aforesaid.
cation by "And be it further enacted by the authority aforesaid,
5eIaw^re' that the said articles of confederation and perpetual
1779. ' union, so as aforesaid Subscribed and ratified, shall
thenceforth become obligations on this state.
Signed by order of the House of Assembly.
Nicholas Van Dyke, Speaker.
¦ Signed by the order of the council.
Thomas Collins, Pres't.
Passed at Dover, February 1st, 1779."
Mr. McKeane thereupon signed the articles of con
federation on behalf of the state of Delaware, which
* May 5, were afterwards* signed also by Mr. Dickinson and Mr.
im Van Dyke.

I have thus far carefully recorded the recognition by
the congress of the obligations of a Protestant Chris
tianity, in its influence upon their acts and delibera
tions ; and as a material element in the organization
of our political fabric, in their recommendation of a day
Recom- of general thanksgiving to be set apart and observed
oTadaene- throughout the union. We find them now again re-
raifastby peating the recognition in a recommendation of a day
March^8' °^ genera~- fasting, humiliation, and prayer ; prepared
w'9' in this instance, not by their chaplains, but by a com
mittee chosen from among their own body of statesmen.
This constant commingling of the observances of a
true faith with the labors of a political revolution, and
Its politi- the construction of a political confederacy of states, is
""menls1" a development of protestantism peculiarly American,
and is alone that which has given to our political sys
tems their peculiar and characteristic elements of free
dom, efficiency, strength, and permanency. Never be
fore in the annals of nations, has there been so illustri-

THE UNITED STATES OF AMERICA. "702
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
ous an exhibition of unaffected piety in high places, or The arti-
so much distinguished statesmanship consecrated by confedera-
an humble dependence upon the providential care and tion !n
m ,, . , congress,
guidance of the Almighty. Would that their example 1 778-81.
might produce a corresponding respect for the faith and
observances of a pure Christianity in our own day and
generation. The committee appointed for this purpose, Mr. G. Committee
Morris, Mr. Dayton, and Mr. Paca, on the twentieth of ommenda^
March, 1779, brought in a draft, which was taken 'into tj°n> and
' ' ° ' their re
consideration, and agreed to by the congress, as follows, port.
to wit :
" Whereas, in just punishment of our manifold trans- The proo-
gressions, it hath pleased the Supreme Disposer of all
events to visit these United States with a calamitous
war, through which His Divine Providence hath hith
erto in a wonderful manner conducted us, so that we
might acknowledge that the race is not to the swift,
nor the battle tothe strong: And whereas, notwith-jvther
standing the chastisements received and benefits' he-^oc°g™"
stowed, too few have been sufficiently awakened to a protest-
sense of their guilt; or warmed with gratitude; 0rantisin'
taught to amend their lives and turn from their sins,
that so He might turn from His wrath : And whereas,
from a consciousness of what we have merited at His
hands, and an apprehension that the malevolence of
our disappointed enemies, like the incredulity of Pha
raoh, may be used as the scourge of Omnipotence to
vindicate His slighted Majesty, there is reason to fear
that He may permit much of our land to become the
prey of the spoiler, our borders to be ravaged, and our
habitations destroyed :
"Resolved, That it be recommended to the several The reeom-
states to appoint the first Thursday in May next, to mendation-
be a day of fasting, humiliation, and prayer to Almighty
God, that he will be pleased to avert those impend
ing calamities which we have but too well deserved;
That He will grant us his grace to repent of our
sins, and amend our lives according to His Holy

TIO THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The arti- Word ; That He will continue that wonderful protec-
clenf°d r tion which hath led us through the paths of danger and
tion "m distress ; That He will be a husband to the widow,
1778-81? and father to the fatherless children, who weep
over the barbarities of a savage enemy ; That He will
grant us patience in suffering and fortitude in adver
sity ; That He will inspire us with humility, modera
tion, and gratitude, in prosperous circumstances ; That
He will give wisdom to our councils, firmness to our
resolutions, and victory to our arms : That He will bless
the labours of the husbandman, and pour forth abund
ance so that we may enjoy the fruits of the earth in
due season ; That He will cause union, harmony, and
mutual confidence, to prevail throughout these states ;
That He will bestow on our great Ally all those bless
ings which may enable him to be gloriously instru
mental in protecting tlie rights of mankind, and pro
moting the happiness of his subjects: That He will
Prociama- bountifully continue His paternal care to the Com-
tionfora mander-in- Chief, and the officers and soldiers ofthe
general _.
fast j>y United States ; That He will grant the blessings of
March83' peace to all contending nations ; freedom to those who
20th, 1779. are in bondage, and comfort to the afflicted ; that He
will diffuse useful knowledge, extend the influence of
true rehgion and give us that peace of mind which the
world cannot give ; That He will be our shield in the
day of battle, our comforter in the hour of death, and
our kind parent and merciful judge through time and
through eternity.
" Done in congress, this twentieth day of March, in
the year of our Lord one thousand seven hundred and
seventy-nine ; and in the third year of our independ
ence. John Jay, President.
Attest, Charles Thomson, Secretary v

»

ftorfvir- 0n ttie twent"ietl1 ^J7 of Ma7> 1779, the delegates
ginia. from Virginia laid before congress certain powers and

THE UNITED STATES OF AMERICA. 711
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
instructions, given to them by the general assembly of The ar-
their state, which were read, and were as follows, viz. : J____dera.
" In General Assembly, Saturday, the nineteenth day of tion in
December, 1778 : 1778-81.
*' Resolved, nemine contradicente, That our delegates Further
, . , n , , ,, ,, powersand
in congress be instructed to propose to congress, that instruc-
they recommend to each of the states named as parties y;"3;^"1
in tlie articles of confederation, heretofore laid before May 20th,
• 1779
and ratified by this assembly, that they authorize their
delegates in congress to ratify the said articles, together
with the delegates of so many other of the said states
as shall be willing ; so that the same shall be forever
binding on the states so ratifying, notwithstanding that
a part of those named shall decline to ratify the same ;
allowing nevertheless to the said states so declining
either a given or indefinite time, as to Congress shall
seem best, for acceding to the said confederation, and
making themselves thereby members of the union.
" Resolved, nemine contradicente, That our said dele- Delegates
gates, now in office, or hereafter to be appointed, beereato
authorized and required, and are hereby authorized and ratify with
^- * # any num-
required, to ratify the said articles of confederation on ber of
the part of this commonwealth, with so many of the^*6^'
other states named in them as parties as shall on their 683, 696.
part ratify the same.
"Test, A. Carey, S.S,; B. Harrison, S. H. D."
In pursuance of these instructions and powers the Motion
delegates from Virginia moved in the words following :thereupon-
"Whereas it is of the greatest importance to the
safety, honor and interest of the United States, that the
confederation be closed as soon as may be, and rendered
forever binding on the states according thereto:
"Resolved, That it be earnestly recommended to Virginia
each of the states named as parties to the confederation, {™^_fy
that they authorize their delegates in congress to ratify with any
,„,,,,, , . number of
the same on or before the day 01 next, instates,
conjunction with the delegates of so many other of the Ma7> m9,
said states as shall be willing; to the end that the same

712 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The ar- may be thenceforward forever binding on the states so
confedera- ratifying, notwithstanding that a part of those named
tion in shall decline to ratify the same."
COI1TGSS 1778-81.' Congress took no action on this resolution. The
delegates from Virginia then delivered in a paper signed
by themselves in the words following, to- wit:
Declara- "In consequence of the foregoing instructions and
by'her6 powers to us given, we do hereby declare, that we are
delegates, ready and willing to ratify the confederation with any
one or more states named therein, so that the same
shall be forever binding upon the state of Virginia.
Signed, "Meriweather Smith, Cyrus Griffen, Richard
Henry Lee, William Fleming."

Second re- The delegates from Maryland now stated that they
-taryiand na(* received instructions from tlieir constituents re-
May, 1779. specting the articles of confederation, whicli they were
See page directed to lay before congress and to have entered on
their journals. The instructions were thereupon read
as follows, to wit: ,
" Instructions of the General Assembly of Maryland
to George Plater, William Paca, William Carmichael,
John Henry, James Forbes, and Daniel-of-St.-Thomas
Jenifer, Esquires :
Their in- ' ' Gentlemen : having conferred upon you a trust of the
structions. highest nature, it is evident we place great confidence
in your integrity, abilities, and zeal, to promote the
general welfare of the United States, and the particular
interest of this state, where the latter is not incompati
ble with the former ; but to add greater weight to your
proceedings in congress, and to take away all suspicion
that the opinions you there deliver, and the votes you
give, may be the mere opinions of individuals, and not
resulting from your knowledge of the sense and delibe
rate judgment of the state you represent ; we think it
our duty to instruct you as followeth, on the subject of
the confederation, a subject in which unfortunately a
supposed difference of interest has produced an almost

THE UNITED STATES OF AMERICA. 713
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
equal division of sentiments among the several states The ar-
tlCiGS of
composing the union. We say a supposed difference of confedera-
interests ; for if local attachments and prejudices, and tiou in
' r congress,
the avarice and ambition of individuals, would give way 1778-81.
to the dictates of a sound policy, founded on the prin
ciples of justice, (and no other policy but what is found- Second re
ed on those immutable principles deserves to be called delegates :
sound) we flatter ourselves this apparent diversity of fan™^ar^"
interests would soon vanish ; and all the states would 1779.
confederate on terms mutually advantageous to all ; for
they would then perceive that no other confederation
than one so formed can be lasting.
" Although the pressure of immediate calamities, the
dread of their continuance from the appearance of dis
union, and some other peculiar circumstances may have
induced some states to accede to the present confedera
tion, contrary to tlieir own interests and judgments;
it requires no great share of foresight to predict, that
when those causes cease to operate, the states which Distrust of
have thus acceded to the confederation, will consider itstate8,
as no longer binding, and will eagerly embrace the first
occasion of asserting their just rights and securing their
independence. "Is it possible that those states which are ambitiously Their
grasping at territories, to which in our judgment they territory.
have not the least shadow of exclusive right, will use
with greater moderation the increase of wealth and
power derived from those territories, when acquired,
than what they have displayed in their endeavors to
acquire them? We think not. We are convinced the
same spirit which hath prompted them to insist on a
claim so extravagant, so repugnant to every principle
of justice, so incompatible with the general welfare of
all the states, will urge them on to add oppression to
injustice. If they should not be incited by a superi
ority of wealth and strength to oppress, by open force,
their less wealthy and less powerful neighbors, yet the
depopulation, and consequently the impoverishment of

714 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The ar- those states, will necessarily follow, which, by an unfair
ticlps of
confedera- construction of the confederation, may be stripped of a
tion in common interest in, and the common benefits derivable
congress, 1778-81. from, the western country. Suppose, for instance, Vir
ginia, indisputably possessed of the extensive and fer-
Second re- tile country to which she has set up a claim, what would
delegates be the probable consequences to Maryland of such an
fanm^ry" undisturbed and undisputed possession? They cannot
1779 ' escape the least discerning.
"Virginia, by selling on the most moderate terms a
small portion of the lands in question, would draw into
her treasury vast sums of money, and in proportion to
the sums arising from such sales would be enabled to
lessen her taxes : Lands comparatively cheap and taxes
comparatively low with the lands and taxes of an ad
jacent state, would quickly drain the state thus disad
vantageous^ circumstanced of its most useful inhab
itants ; its wealth, and its consequence in the scale of
the confederated states would sink of course.
Claims to "A claim so injurious to more than one-half, if not
lands. to the whole, of the United States, ought to be supported
by the clearest evidence of the right. Yet what evi
dences of that right have been produced ? What argu
ments alledged in support either of the evidence or the
right? None that we have heard of, deserving a seri
ous refutation.
*'It has been said that some of the delegates of a
neighboring state have declared their opinion of the
impracticability of governing the extensive dominion
claimed by that state; hence also the necessity was
admitted of dividing its territory and erecting a new
state, under the auspices and direction of the elder,
from whom no doubt it would receive its form of gov
ernment, to whom it would be bound by some alliance
or confederacy, and by whose councils it would be influ
enced: Such a measure, if ever attempted, would cer
tainly be opposed by the other states, as inconsistent
with the letter and spirit of the proposed confederation,

THE UNITED STATES OF AMERICA. 715
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
should it take place, by establishing a sub-confederacy, The arti-
imperium in imperio: The state possessed of this ex- confedera-
tensive dominion, must then either submit to all the tl0u m
'• r^ congress,
inconveniences of an overgrown and unwieldy govern- 17-78-81.
ment, or suffer the authority of congress to interpose at
a future time, and to lop off a part of its territory to
be erected into a new and free state, and admitted into
the confederation on such conditions as shall be settled
by nine states.
" If it is necessary for the happiness and tranquillity
of a state thus overgrown, that congress should here
after interfere and divide its territory, why is the claim
to that territory now made and so pertinaciously insisted
On? We can suggest to ourselves but two motives;
either the declaration of relinquishing at some future
"period a portion of the countrv now contended for, was Second re-
j '_ i n ¦ • i j - -u J ¦ port by the
made to lull suspicion asleep, and to cover the designs delegates
of a secret ambition; or if the thought was seriously [™m^^"
entertained, the lands are now claimed to reap an imme- 1779.
diate profit from the sale." _
" We are convinced policy and justice require that a Crown
country unsettled at the commencement of this war, J__nspr_m"
claimed by the British crown, and ceded to it by the perty.
treaty of Paris, if wrested from the common enemy by
the blood and treasure of the thirteen states, should be
considered as a common property, subject to be par
celed out by congress into free, convenient, and inde
pendent governments, in such manner and at such
times as the wisdom of that assembly shall hereafter
direct. Thus convinced we should betray the trust
reposed in us by our constituents, were we to authorize
you to ratify, on their behalf, the confederation, unless it
be further explained : We liave coolly and dispassion
ately considered the subject ; we have weighed probable
inconveniences and hardships, against the sacrifice of
just and essential rights, and do instruct you not to agree instructed
to the confederation, unless an article, or articles, be not t0
added thereto in conformity with our declaration :

716 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The arti- Should we succeed in obtaining such article, or articles,
clnf°d r ^en y°u are nere^7 ^u^y empowered to accede to the
tion in confederation."
1778-8L " That these our sentiments respecting the confedera
tion may be more publicly known and more explicitly
and concisely declared, we have drawn up the annexed
declaration, which we instruct you to lay before con
gress ; to have it printed, and to dehver to each of the
delegates of the other states, in congress assembled,
copies thereof, signed by yourselves, or by such of you
as may be present at the time of the delivery ; to the
intent and purpose that the copies aforesaid may be
communicated to our brethren of the United States,
and the contents of the said declaration taken into their
Second re- serious and candid consideration. Also we desire, and
delegates instruct you to move, at a proper time, that these in
land1 i__ry" ^ructions be read to congress by their secretary, and
1779, ' entered on the journals of congress.
" We have spoken with freedom, as becomes freemen ;
and we severally wish, that these our representations
may make such an impression on that assembly as to
induce them to make such addition to the articles of
confederation as may bring about a permanent union.
"A true copy from the proceedings of December, 15th,
. 1778.
Test, T. Duchett, C. H. D."

Further '^'ne delegates from the colony of Connecticut now also
powers laid before congress further powers relative to the arti-
port of cles of confederation, which were read, as follows :
delegates « gTATB 0F Connecticut, ss. : At a General Assembly
necticut, of the Governor and Company of the state of Connecti-
Itl'-a^lii cut m America, holden at Hartford by special order of
and 689. the governor of said state, on Wednesday the seventh
day of April, anno domini, 1779. (l. s.)
" It appearing to this assembly to be essentially nec
essary for the preservation, safety, independence and
sovereignty of the United States of America, that the

THE UNITED STATES OF AMERICA. 717
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
articles of confederation and perpetual union be ac- The arti-
ceded to, ratified, and confirmed ; and whereas, all of "0^°^.
the said states, except Maryland, have agreed to and con- tion in
firmed said articles of confederation, and Maryland i7"fl|\3,':
hath not acceded to said articles as drawn up, for rea
sons heretofore published ; and whereas the confedera
tion of thirteen states may not be considered as obliga
tory on twelve states only :
"Resolved, That the delegates of this state in con-Empow-
gress, be directed and empowered, and full power and®atify^it_
authority is hereby given and granted to the said dele- eleven
gates, in the name and behalf of this state, to enter
into, ratify, and confirm, said articles of confederation
and perpetual union, with the states of New Hamp
shire, Massachusetts Bay, Rhode Island and Providence
Plantations, New York, New Jersey, Pennsylvania, Dela
ware, Virginia, North Carolina, South Carolina, and
Georgia ; in the most full and ample manner ; always
provided that the state of Maryland be not thereby ex
cluded from acceding to the confederation at any time
hereafter. "A true copy of record examined by
George Wyllys, Secretary."

Thus tardily did the organization of the United States Govem-
into a permanent confederacy advance towards a con-™eg°J?n
summation. Meanwhile, the Congress went on in theandpowers
administration of the general government of the union, gresg_
without any other investiture of authority than such
as was derived to it on taking up arms against Great
Britain, and under the declaration of independence ;
while the people and the states obeyed its mandates
and complied with its requisitions, without even once
questioning the supremacy of its power, or the justice its su-
of its jurisdiction. Hence its own state papers become Prema°y-
the best illustration of its paramount control over the
destinies of the nation ; while they also develop the
patient care and solicitude, the wisdom, ability, and
skill with which it guarded every interest, protected

718 THE GOVERNMENTAL HISTORY OF
PAvRT IV. THE REVOLUTIONARY UNION OF THE COLONIES
Second every right, and ultimately harmonized the sympathies
the w>n -"* ant^ ^e a*ms °^ a va™us constituency into one grand
gress, to brotherhood of Confederated: States. In this view, we
on public read "with a lively interest, an address on public affairs,
affairs, at this crisis reported to the congress, by Mr. Dickin-
' son, Mr. Duane, and Mr. Drayton, a committee ap
pointed to prepare the same ; which being read and
amended, was unanimously adopted on the twenty-sixth
day of May, 1779, as follows, to wit :
"To the Inhabitants of the United States of
America.
The im- « Friends and Countrymen i The present situation of
of the public affairs demands your most serious attention ; and
crisis. particularly the great and increasing depreciation of
your currency, requires the immediate, strenuous, and
united efforts of all true friends1 to their country, for
preventing an extension of the mischiefs that have
flowed from that source.
"America, without arms, ammunition, discipline,
revenue, government, or ally ; almost totally stript of
commerce, and in the weakness of youth, as it were
with a ' staff and a sling' only, dared ' in the name of
the Lord of Hosts ' to engage a gigantic adversary, pre
pared at all points, boasting of his strength, and of
whom even mighty warriors ' were greatly afraid.' "
Expenses "For defraying the expenses of this uncommon war,
defrayed^ Jour representatives in congress were obliged to emit
by paper paper money ; an expedient that you knew to have
money" been before generally and successfully practiced on
this continent : They were very sensible of the incon
veniences with which too frequent emissions would be
attended, and endeavored to avoid them. For this
purpose they established loan offices so early as in
October, 1776, and from that time to this repeatedly
Financial and earnestly solicited you to lend them money on the
embarrass- faMl of the Tjnited States. The funds received on
loan have nevertheless proved inadequate to the public

THE UNITED STATES OF AMERICA. 719
UNDER. THE DECLARATION OF INDEPENDENCE. PART IV...
exigencies. Our enemies prosecuting the war by sea Second
and land with implacable fury, and with some success, _f thTcon*
taxation at home and borrowing abroad in the midst gress to the
of difficulties and dangers, were ahke. impracticable. __ the'"143
Hence the continued necessity of new emissions. U'w-A' on
"But to this cause alone we do not impute the evil fairs, May,
before mentioned. We have too much reason to be*-1779,
lieve it has been in part owing to the artifices of men
who have hastened to enrioh themselves by monopo
lizing the necessaries of life, and to the misconduct of
inferior officers employed in the public service.
" The variety; and importance ofthe business entrusted Neglect of
to your delegates, and tlieir constant attendance in.*^^t0
congress, necessarily disables them from investigating with its re-
disorders of this kind. Justly apprehensive of them, qmsi lons"
they by their several resolutions of the twenty-second
November and twentieth December, 1777, and of the
third and ninth of February, 1778, recommended to
the legislative and executive powers of these states, a
due attention to these interesting affairs. How faa?
these recommendations have been complied with, we
will not undertake to determine.; But we hold our
selves bound in duty to you to declare, that we are not
convinced there has been as much diligence used in
detecting and reforming abuses, as there has been in
committing or complaining of them.
" With regard to monopolizers, it is our opinion thatMonopo-
taxes judiciously laid on such articles as become the Bzers-
objects of engrossers, and those frequently collected,
would operate against the pernicious tendency of such
practices. "As toinferiof officers employed in the public service, Conduct
we anxiously desire to call your most vigilant attention °f Public
to their conduct with respect to every species of misbe
haviour, whether proceeding from ignorance, negli
gence, or fraud ; and to the making of laws for inflict
ing exemplary punishment on all offenders of this;
kind.

720 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
Second " We are sorry to hear, that some persons are so
ofthfcon- slightly informed of their own interests as to suppose
gresstothe that it is advantageous to sell the produce of their
of the farms at enormous prices, when a little reflection
^'3,. Avon might convince them that it is injurious to those inter-
pubhc af- ° th t
fairs, May, ests and the general welfare. If they expect thereby
' to purchase imported goods cheaper, they will be egre-
giously disappointed ; for the merchants, who know
they cannot obtain returns in gold, silver, or bills of
exchange, but that their vessels, if loaded here at all,
must be loaded with produce, will raise the price of
what they have to sell, in proportion to the price of
what they have to buy ; and consequently the land
holder can purchase no more foreign goods for the
same quantity of his produce than he could before.
Errors in "The evil, however, does not stop at this point. The
Mtionff'of landholder, by acting on this mistaken calculation, is
landhold- only labouring to accumulate an immense debt by
increasing the public expenses, for the payment of
which his estate is engaged ; and to embarrass every
measure adopted for vindicating his liberty and secur
ing his prosperity. As the harvests of this year, which
by the Divine goodness promise to be plentiful, will
soon be gathered, and some new measures relating to
your foreign concerns, with some arrangements relat
ing to your domestic, are now under consideration,
from which beneficial effects are expected, we entertain
hopes that your affairs will acquire a much greater de
gree of regularity and energy than they have hitherto had.
Reliance "But we should be highly criminal, if we did not
people and plainly tell you that these hopes are not founded
the states, -wholly upon our own proceedings. These must be
supported by your virtue, your wisdom, and your dili
gence. From the advantage of those seats in the
national council with which you have honored us, we
have a pleasing prospect of many blessings approaching
this our native land. It is your patriotism must intro
duce and fix them here.

THE UNITED STATES OF AMERICA. 721
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
"In vain will it be for your delegates to form plans Second
of economy, to strive to stop a continuation of emis-^ ^_7
sions by taxation or loan, if you do not zealously co-gresstothe
operate with them in promoting their designs, and use 0f the
your utmost industry to prevent the waste of money in u- ^- A- on
the expenditure, which your respective situations in fairs, May,
the several places where it is expended, may enable
you to do. A discharge of this duty, and a compliance They must
with recommendations for supplying money, might ^°;jnp®™*e
enable congress to give speedy assurances to the public gress.
that no more emissions shall take place, and thereby
close that source of depreciation.
" Your governments being now established, and your
ability to contend with your invaders ascertained, we
have, on the most mature deliberation, judged it indis
pensably necessary to call upon you for forty-five mil- Call for
lions of dollars, in addition to the fifteen millions money'
required by a resolution of congress of the second of
January last ; to be paid into the continental treasury
before the first day of January next, in the same pro
portion, as to the quotas of the several states, with
that for the said fifteen millions.
"It appeared firoper to us, to fix the first day of Janu- Necessity
ary for the payment of the whole ; but as it is probable Credit tcf
that some states, if not all, will raise part of the sums the cur-
by installments, or otherwise, before that time, wer
recommend in the strongest manner the paying as
much as can be collected as soon as possible into the
continental treasury. Though it is manifest that mod
erate taxation in times of peace will recover the credit
of your currency, yet the encouragement which your
enemies derive from its depreciation, and the present
exigencies, demand great and speedy exertions.
" We are persuaded you will use all possible care to From mo-
make the promotion of the general welfare interfere n\a^ut°yfhU'
as little as may be with the ease and comfort of indi- justice and
viduals : But though the raising these sums should pie y-
press heavily on some of our constituents, yet the obli-
46

T22 THE GOVERNMENTAL HISTORY OF

PART IV. THE REVOLUTIONARY UNION OF THE COLONIES
Second gations we feel to your venerable clergy, the truly
the e?n-°f helpless widows and orphans, your most gallant, gea-
greesto the erous, meritorious officers and soldiers, the public faith
of the aD "and the common weal, so irresistibly urge us to attempt
^'kt A'f°n tne appreciation of your currency, that we cannot with-
fairs, May, hold obedience to those authoritative sensations : On
1M9- this subject we Will only add, that as the rules of jus
tice are most pleasing to our infinitely good and gra
cious Creator, and an adherence to them most hkely
to obtain His favor, so they will ever be found to be
the best and safest maxims of human policy.
"To our constituents we submit the propriety and
purity of our intentions, well knowing they will not
forget that we lay no burthens upon them, but those
Cares and jn which we participate with them— a happy sympathy,
of the that pervades societies formed on the basis of equal
congress. i_berty. Many cares, many labours, and may we not
add, reproaches, are peculiar to us. These are the
emoluments of our unsolicited stations ; and with these
we are content if you approve our conduct. If you
do not, we shall return to our private condition with
no other regret, than that which will arise from our not
having served you as acceptably and essentially as we
wished and strove to do, though as cheerfully and
faithfully as we could.
Hopeful- " Think not we despair of the commonwealth, or en-
Sieh-cause. deavor to shrink from opposing difficulties. No ; your
cause is too good, your objects too good, to be relin
quished. We tell you truths, because you are freemen
who can bear to hear them and may profit by them ;
and when they, reach your enemies, we fear not the
consequences, because we are not ignorant of their
resources or our own. Let your good sense decide
upon the comparison. Let even their prejudiced un
derstandings decide upon it, and you need not be ap
prehensive of the determination.
" Whatever supposed advantages from plans of rapine,
projects of blood, or dream6 of domination, may here-

THE UNITED STATES OF AMERICA. 72S
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
tofore have aroused tlieir inflamed fancies, the conduct Second
of one monarch, the friend and protector of the rights *jf dtrheess
of mankind, has turned the scale so much against them congress
that their visionary schemes vanish as the un whole- r/. s. a. on
some vapors of night before the healthful influence of _'ub,io,?f-
r ° .. fairs, May,
the sun. 1779.
"An alliance has been formed between his Most The
Christian Majesty and these states, on the basis of the !;__£_, a "
most perfect equality, for the direct end of maintaining
effectually their liberty, sovereignty, and independence,
absolute and unlimited as well in matters of govern
ment as of commerce," *
" The conduct of our good and great Ally towards us, * First offi-
in this instance and others, has so fully manifested his cation1 of"
sincerity and kindness as to excite, on our part, corres-theaimsof
pondent sentiments of confidence and affection.
" Observing the interests of his kingdom, to which
duty and inclination prompted his attention, to be con
nected with those of America, and the combination of
both clearly to coincide with the beneficent designs of
the Author of Nature, who unquestionably intended
men to partake of certain rights and portions of hap
piness, his majesty perceived the attainment of these
views to be founded on the single proposition of a sep
aration between America and Great Britain.
" The resentment and confusion of your enemies will
point out to you the ideas you should entertain of the
magnanimity and consummate wisdom of his Most
Christian Majesty on this occasion. They pereeive, that
selecting this grand and just idea from all those spe
cious ones, that might have confused or misled inferior
judgment or virtue, and satisfied with the advantages its founda-
which must result from that event alone, he hasti_,na,_*
7 character.
cemented the harmony between himself and these states,
not only by establishing a reciprocity of benefits, but
by eradicating every cause of jealousy and suspicion.
" They also perceive with similar emotions, that the
moderation of an Ally, in not desiring an acquisition

724 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies.
Second of dominion on this continent, or an exclusion of other
"f "the3 nations from a share of its commercial advantages, so
congress useful to them, has given no alarm to those nations,
u. s. A. on but in fact has interested them in the accomplishment
public af- of his generous undertaking to dissolve the monopoly
1779V ' thereof by Great Britain, which has already contrib
uted to elevate her to her present power and haughti
ness, and threatened, if continued, to raise both to a
height insupportable to the rest of Europe.
Its effect "In short their own best informed statesmen and
nations'" writers confess that your cause is exceedingly favored
by courts and people in that quarter of the world,
while that of your adversaries is equally reprobated ;
and from thence draw ominous and well founded con
clusions that the final event must prove unfortunate to
the latter. Indeed we have the best reason to believe
that we shall soon form other alliances, and on prin
ciples honorable and beneficial to these states.
Weakness "Infatuated as your enemies have been from the begin-
rationof6 hing of this contest, do you imagine they can now flat-
the enemy, ter themselves with a hope of conquering you, unless
you are false to yourselves ? When, unprepared, undis
ciplined, and unsupported, you opposed their fleets and
armies in full conjoined force, then, if at any time, was
conquest to be apprehended. Yet what progress
towards it have their violent and incessant efforts made ?
Judge from their own conduct. Having devoted you
to bondage, and after vainly wasting their blood and
treasure in the dishonorable enterprise, they deigned
at length to offer terms of accommodation with respect
ful addresses, to that once despised body, the congress ;
The terms whose humble supplications only for peace, liberty, and
Ution of- safety, they had contemptuously rejected, under pre-
fered to tence of its being an unconstitutional assembly. Nay
more, desirous of reducing you into a deviation from
the paths of rectitude, from which they had so far and
so rashly wandered, they made most specious offers to
tempt you into a violation of your faith given to your

THE UNITED STATES OF AMERICA. 725
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
illustrious ally. Their arts were as unavailing as their Second
„  „ address
arms- of the
"Foiled again and stung with rage, embittered by congress
envy, they had no alternative but to renounce the habitants
inglorious and ruinous controversy, or to resume their °f *h^
former modes of prosecuting it. They chose the latter, public af-
Again the savages are stimulated to horrid massacres ^g'_ ay'
of women and children, and domestics to the murder Enlistment
of their masters. Again our brave and unhappy breth- "Lg'by av~
ren are doomed to miserable deaths in gaols and pris- ministry.
on-ships. To complete the sanguinary system, all the
' extremities of war ' are by authority denounced against
you. "Piously endeavor to derive this consolation fromAnomen
their remorseless fury, that ' the Father of mercies '
looks down with disapprobation on such audacious defi
ances of his holy laws ; and be further comforted with
recollecting, that the arms assumed by you in your
righteous cause have not been sullied by any unjustifi
able severities.
"Your enemies despairing, however, as it seems, of Tactics of,
the success of their united forces against our main the enemy"
army, have divided them, as if their design was to
harass you by predatory, desultory operations. If you
are assiduous in improving opportunities, Saratoga may
not be the only spot on this continent to give a new
denomination to the baffled troops of a nation, impi
ously priding herself in notions of her omnipotence.
"Rouse yourselves, therefore, that this campaign may
finish the great work you have so nobly carried on for
several years past. What nation ever engaged in such
a contest, under such a complication of disadvantages, Past sue-
so soon surmounted many of them, and in so short a. ^ ^^
period of time had so eertain a prospect of a speedy triumph.
and happy conclusion ? We will venture to pronounce
that so remarkable an instance exists not in the annals
of mankind. We well remember what you said at the
commencement of this war. You saw the immense

726 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
Second difference between your circumstances and those of
of the8 y°ur enemies, and you knew the quarrel must decide
congress 0n no less than your lives, liberties, and estates : All
habitants these you greatly put to every hazard, resolving rather
?f _he» to die freemen than to live slaves ; and justice will
U. S. A. on ' J
public af- oblige the impartial world to confess you have uni-
1779. a7i f°rmly acted on the same generous principle. Consider
how much you have done, and how comparatively little
remains to be done to crown you with success. Perse
vere; and you ensure peace, freedom, safety, glory,
sovereignty, and felicity to yourselves, your children,
and your children's children.
Reliance "Encouraged by favors already received from infinite
dence.0T1' goodness, gratefully acknowledging them, earnestly
imploring their continuance, constantly endeavoring
to draw them down on your heads by an amendment
of your lives, and a conformity to the divine will,
humbly confiding in the protection so often and won
derfully experienced, vigorously employ the means
- placed by Providence in your hands, for completing
your labours.
Final "Fill up your battalions ; be prepared in every part
appea . ^ repej ^ne incurs_ons 0f y0ur enemies ; place your
several quotas in the continental treasury ; lend money
for public uses ; sink the emissions of your respective
states ; provide effectually for expediting the convey
ance of supplies for your armies and fleets, and for
your allies ; prevent the produce of the country from
being monopolized ; effectually superintend the behav
iour of public officers ; diligently promote piety, virtue,
brotherly love, learning, frugality, and moderation ; and
may you be apprOved_before Almighty God worthy of
those blessings we devoutly wish you to enjoy.
" Done in Congress, by unanimous consent, tho
26th day of May, One thousand seven hund
red and seventy-nine.
*fJ°™la John Jay, President.
gress. "Attest, Charles Thomson, Secretary."*

THE UNITED STATES OF AMERICA. 727

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. '
That the proposition contained in the articles of The crisis
confederation, submitted by the congress to the several fe^^
states for ratification, was not an appeal to them to 1779-81.
accede to a general union, is evident not only from the
fact that they were already united, but also from the See p. 738.
further fact that each state continued to be represented
in the congress, notwithstanding its objections to the
proposed articles, and its refusal to ratify them. The
question, therefore, of a secession from, or an accession
to, the union, was not even thought of iu any of their -
deliberations on the subject, whether in or out of con- Secession
gress. The simple and only material consideration thought of.
was, shall the union already existing be made perpet
ual? If made perpetual, shall it be made so under
the proposed articles of confederation? And while
each of the United Colonies, or States, was earnestly
desirous to perpetuate the league itself, it might well
and wisely hesitate and deliberate before it gave to the The com-
covenant the seal of perpetuity, if it were not entirely __£*,?,__ "*"
precluded by the already existing compact under the ence, and
declaration of independence. The canceling of that, PoseTcon-
indeed, might be one 'of the very essential steps neces- federation.
sary to give validity to any new compact of union, and
to stamp upon it the conditions, character, and assur
ances of permanency. It cannot be supposed, and it
was not in fact so, that any one of the colonies was
ready to rush upon the perilous alternative of seces
sion, dependence upon the crown of Great Britain.
They could not so stultify their own solemn declara
tions. Yet there was no neutral, no intermediate
ground to stand upon. The colony that seceded must
necessarily become subject to the parent power, and
cease to be a party to the treaty with France, if indeed
that treaty were not violated and rendered wholly
nugatory by any such act of secession.
Why not then make the union perpetual? The re- Secession,
monstrance of Maryland itself shows how hopeless what-
they considered it, and how reckless would have beeu

728 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The crisis the effort for any one state to maintain a separate inde-
federation "pendence, even with reference to the other states;
1779-81. much more so in its relations with Great Britain, and
perhaps even with France ; while at the same time it
discloses the insidious policy which was at work to
promote discord and dissension among the people of
the several states.
Effect of The whole British nation was amazed and paralyzed
aUknce"nh by the alliance with France. The ministry had been
England.. an along assuring parliament and the people that it was
an impossibility ; and when it became known as a fact,
they were utterly astounded and stupefied by tho an-
* See J. nouncement.* While they were thus losing the confi-
Debrett's dence of their own adherents at home, their power
Pariia-mentary was weakened by the terrible defeat of their armies in
Debates^ ___r_er_ca • an(j parliament began to talk seriously of
abandoning the contest, and conceding the independ
ence of the American Colonies.
Hostility Hence the only hope left to the king and his evil
of minis- counselors, was to sever their union ; so that when the
try to the ' '
confedera- proposition to make that union more perfect and per-
"5 petual, transpired in England, the emissaries and hire
lings of a desperate and infuriated administration were
sent over to accomplish if possible the work of sever-
Attempts ance and discord. Designing men, thus instigated,
its ratifi- began to flatter the people of some of the colonies
cation. wjtn tne ^e& 0f ail independence which might be en
joyed in severalty. In others they urged the impossi
bility of success under the general difficulties, and pe
cuniary embarrassments, which were now crippling the
* See the operations of the congress,* and throwing upon the
dress'of colonies, as members of the general union, obligations
the con- and responsibilities from which, they urged, it would
pagSe'663. 'he impossible ever to extricate themselves. It was at
Post, p. this crisis that that distinguished patriot, John Jay,
then the president of that body, laid before the con
gress the draft of a circular letter, which was read
twice, and unanimously agreed to, as follows :

THE UNITED STATES OF AMERICA. 729
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.

" Circular Letter of the Congress of the United The crisis
States of America to their Constituents, on ffd^o^
Public Affairs, September 13th, 1779. 1779-81. '
^Friends and Fellow Citizens :
"Li governments raised on the generous principles Circular
of equal liberty, where the rulers of the state are the 1^tetecr0^om
servants of the people, and not the masters of those gress to
, . , ..... ,. j _ _ their con
front whom they derive authority, it is their duty to stituents,
inform, their fellow-citizens of the state of affairs, and Sept 13th,
by evincing the propriety of public measures, lead
them to unite the influence of inclination to the force
of legal obligation in rendering them successful. This
duty ceases not even in times of the most perfect peace, The duty
• of rulers
order, and tranquillity, when the safety of the common- in a free
wealth is neither endangered by force or seduction gQ°e^.rn"
from abroad, or by faction, treachery, or misguided
ambition from within. At this season, therefore, we
find ourselves in a particular manner impressed with a
sense of it, and can no longer forbear calling your
attention to a subject much misrepresented, and re
specting which dangerous as well as erroneous opin
ions have been held and propagated: we mean your -
finances. " The ungrateful despotism and inordinate lust of The finan;
domination, which marked the unnatural designs of
the British king and his venal parliament to enslave
the people of America, reduced you to the necessity
of either asserting your rights by arms, or ingloriously
passing under the yoke. You nobly preferred war.
Armies were then to be raised, paid, and supplied;
money became necessary for these purposes. Of your
own there was but little, and of no nation in the world
could you then borrow. The little that was spread
among you could be collected only by taxes, and to
this end regular governments were essential ; of these
you were also destitute. So circumstanced, you had
no other resource but the natural value and wealth of

ces of the
union,

730 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The crisis your fertile country. Bills were issued on the credit
federation, °*" **ns ^an^j &n^- Wow" faith was pledged for their re-
1779-81. demption. After a considerable number of these had
ktter^of cu"culated, loans were solicited, and offices for the pur-
the con- pose established. Thus a national debt was uhavoid-
fheir con- ably created, and the amount of it is as follows :
Sept. 13th, Bills emitted and circulating, . . . $159,948,880.
1 Monies borrowed before the 1st ^
of March, 1778, the interest of > $7,545,196f _ths.
which is payable in France, J
Monies borrowed since the 1st of "j
The na- March, 1778, the interest of wliich V$26,188,909 dolls.
tional debt. , . , f
is payable here, . . .J
Money due abroad, not exactly ^
known, the balances not having I ^
been transmitted, supposed to j
be about . . . . . J
"For your further satisfaction we shall order a par
ticular account of the several emissions, with the times
limited for their redemption ; and also of the several
loans, the interest allowed on each, and the terms as
signed for their payment, to be prepared and pub
lished.
Revenue " The taxes have as yet brought into the treasury no
ontaet more than $3>0275560 ; so that all the monies sup
plied to congress by the people of America, amount to
no more than 36,761,665 dollars and 67-90ths ; that
being the sum of the loans and taxes received. Judge
then of the necessity of' emissions, and learn from
whom and from whence that necessity arose.
Bills of " We are also to inform you, that on the first day of
ited 'to1™' September instant we resolved ' that we would on no
$200,000,- account whatever emit more bills of credit than to
make the whole amount of such bills two hundred miU
ions of dollars ; ' and as the sum emitted and in circu
lation amounted to 159,948,880 dollars, and the sum
of 40,051,120 dollars remained to complete the two

THE UNITED STATES OF AMERICA. 731
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
hundred million above mentioned, we on the third day The crisis
of September instant further resolved ' that we would ?efdtehrat'j°n'"
emit such part only of the said sum of 40,051,120 1779-81. '
dollars, as should be absolutely necessary for public {j^J^f
exigencies before adequate supplies could otherwise be the con-
obtained, relying for such supplies on the exertions of their con-
the several states.' stituents,
"Exclusive of the great and ordinary expenses inci- 1779. *
dent to the war, the depreciation of the currency has
so swelled the prices of every necessary article, and of
consequence made such additions to the usual amount
of expenditures, that very considerable supplies must
be immediately provided by loans and taxes ; and we Loans and
unanimously declare it to be essential to the welfare essary?60"
of these states, that the taxes already called for be paid
into the continental treasury by the time recommended
for that purpose. It is also highly proper that you
should extend your views beyond that period, and pre
pare in season as well for bringing your respective
quotas of troops into the field early the next campaign,
as for providing the supplies necessary in the course.of
it. We shall take care to apprize you, from time to
time, of the state of the treasury, and to recommend
the proper measures for supplying it. To keep your Duties of
battalions full, to encourage loans, and to assess your jnthe"*68
taxes with prudence, collect them with firmness, and premises.
pay them with punctuality, is all that will be requisite
on your part. Further ways and means of providing
for the public exigencies are now under consideration,
and will soon be laid before you.
"Having thus given you a short and plain statement The depre-
of your debt, and pointed out the necessity of punctu- the^cur-0
ality in furnishing the supplies already required, we rency-
shall proceed to make a few remarks on the deprecia
tion of the currency, to which we entreat your atten
tion. " The depreciation qf bills qf credit is always either
natural or artificial, or both. The latter is our case.

732 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The crisis The moment the sum in circulation exceeded what was
federation necessary as a medium in commerce, it began and con-
1779-81. tinued to depreciate in proportion as the amount of the
letter of surplus increased ; and that proportion would hold
the con- good until the sum emitted should become so great as
thefr con- nearly to equal the value of the capital stock, on the
stituents, credit of which the bills were issued. Supposing,
1779. ' therefore, that $30,000,000 was necessary for a circu
lating medium, and that $160,000,000, had issued, the
natural depreciation is but little more than as five to
one ; but the actual depreciation exceeds that propor-
Naturai tion and that excess is artificial. The natural depre-
tionof "the ciation is to be removed only by lessening the quantity
currency, of money in circulation. It will regain its primitive
value whenever it shall be reduced to the sum neces
sary for a medium of commerce. This is only to be
effected by loans and taxes.
Causes of "The artificial depreciation is a more serious subject
deprecia- an<^ merits minute investigation. A distrust (however
tion. occasioned) entertained by the mass of the people
either in the ability or inclination of the United States
to redeem their bills is the cause of it. Let us inquire
how far reason will justify a distrust in the ability of
the United States.
Ability of " The ability of the United States must depend on two
t_eredeem things ; first, the success of the present revolution ; and
their bills, secondly, on the sufficiency of the natural wealth, value,
and resources, of the' country.
" That the time has been when honest men might,
without being chargeable with timidity, have doubted
the success of the present revolution, we admit ; Tmt
Faith in that period is past. The independence of America is
oftherevoS-now as nxed as ^ate» aim tlie Petulant efforts of Britain
lution. to break it down, are as vain and fruitless as the raging
of the waves which beat against their cliffs. Let those
who are still afflicted with these doubts consider the
character and condition of our enemies. Let them
remember that we are contending against a kingdom

THE UNITED STATES OF AMERICA. 733
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
crumbling into pieces ; a nation without public virtue ; The crisis
and a people sold to and betrayed by tlieir own repre- ^j*®^
sentatives ; against a prince governed by his passions, 1779-81.
and a ministry without confidence or wisdom ; against {e^er'of
armies half paid and generals half trusted ; against a the con-
_rrGSS to
government equal only to plans of plunder, conflagra- their con-
tion-, and murder; a government by the most impious |tltue°ts'.
violations of the rights of religion, justice, humanity, 1779.
and mankind, courting the vengeance of Heaven and
revolting from the protection of Providence.
"Against the fury of these enemies you made suecess- Their for-
ful resistance when single, alone, and friendless, in the ceSses
days of weakness and infancy, before your hands had °mens of
been taught to war or your fingers to fight ; and can
there be any reason to apprehend that the Divine dis
poser of human events, after having separated us from
the house of bondage, and led us safe through a sea of
blood, towards the land of liberty and promise, will
leave the work of our political redemption unfinished,
and either permit us to perish in a wilderness of diffi
culties, or suffer us to be carried back in chains to that
country of oppression, from whose tyranny He hath
mercifully delivered us with a stretched out arm ?
"In close alliance with one of the most powerful na- strength
tions in Europe, which has generously made our cause ^ ghea _
her own ; in amity with many others, and enjoying the weakness
good will of all, what danger have we to fear from Britain*
Britain ? Instead of acquiring accessions of territory
by conquest, the limits of her empire daily contract ;
her fleets no longer rule the ocean, nor are her armies
invincible by land. How many of her standards,
wrested from the hands of her champions, are among
your trophies, and have graced the triumphs of your
troops ? And how great is the number of those, who,
sent to bind you in fetters, have become your captives,
and received their lives from your hands ?
In short, whoever considers that these states are daily Sources of
increasing in power ; that their, armies have become ment™56"

734 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The crisis veteran ; that their governments, founded in freedom,
federation' are estabhshed; that their fertile country and their
1779-81. 7affectionate ally furnish them with ample supplies;
letter'of tliat tne Spanish monarch, well prepared for war, with
the con- fleets and armies ready for combat, and a treasury over-
fheir con- flowing with wealth, has entered the lists against Great
stituents, Britain ; that the other European nations, often insulted
1779. ' by her pride, and alarmed by the strides of her ambi
tion, have left her to her fate ; that Ireland, wearied
of her oppression, is panting for liberty ; and even
Scotland displeased and uneasy at her edicts ; Whoever
considers these things, instead of doubting the issue of
the war, will rejoice in the glorious, the sure, and cer
tain prospect of success.
Natural " This point being established, the next question is,
resources dwhether the natural wealth, value, and resources, of
of America the country will be equal to the payment of the debt.
thepay° "Let us suppose, for the sake of argument, that at
ment ofthe the conclusion of the war, the emissions should
debt in 20
years. amount to $200,000,000; that exclusive of supphes
from taxes, which will not be inconsiderable, the loans
should amount to $100,000,000; then the whole
national debt of the United States would be $300,000,-
000. There are at present 3,000,000 of inhabitants in
the thirteen states. Three hundred million of dollars
divided among three million of people, would give to
each person one hundred dollars ; and is there an in
dividual in America unable in the course of eighteen
or twenty years to pay it again ? Suppose the whole
debt assessed, as it ought to be, on the inhabitants in
proportion to their respective estates, what would then
be the share of the poorer people ? Perhaps not ten
dollars.
raHncrease "Besides, as this debt will not be payable immedi-
of popuia- ately, but probably twenty years allotted for it, the num-
to°theqpay- Der °f inhabitants by that time in America will be far
the' debt in more tlian dcmble tneir present amount. It is well known
20 years, that the inhabitants of this country have increased

THE UNITED STATES OF AMERICA. 735
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
almost in the ratio of compound interest. By natural The crisis
population they doubled every twenty years, and how fe^^"
great may be the host of emigrants from other coun- 1779-81. '
tries cannot be ascertained. We have the highest }^1trtc"la'
reason to believe the number will be immense. Sup- the con-
pose that only ten thousand should arrive the first year fheir con
after the war, what will those ten thousand with their stituents,
families count in twenty years time ? Probably double 1779. '
the number. This observation applies with proportion
able force to the emigrants of every successive year.
" Tims you see, a great part of your debt will be pay- Decrease
able not merely by the present number of inhabitants, Jj^J 0ef blj£
but by that number swelled and increased by the nat- deK from
ural population of the present inhabitants, by multi- causes.
tudes of emigrants daily arriving from other countries,
and by the natural population of those successive emi
grants, so that every person's share of the debt will be
constantly diminishing by others eoming in to pay a
proportion of it.
*¦' These are advantages, which none but young coun
tries enjoy. The number of inhabitants in every coun
try in Europe remains nearly the same from one cen
tury to another. No country will produce more people
than it can subsist, and every country, if free and cul
tivated, will produce as many as it can maintain.
Hence we may form some idea of the future popula- growth of
tioii of these states. Extensive wildernesses, now o.eJtJ'nite<*
7 . States.
scarcely known or explored, remain yet to be cultiva
ted, and vast lakes and rivers, whose waters have for
ages rolled in silence and obscurity to the ocean, are
yet to hear the din of industry, become subservient to
commerce, and boast delightful villas, gilded spires,
and spacious cities, rising on their banks.
"Thus much for the number of persons to pay the Actual
debt. The next point is their ability. They who en- J™* °f'
quire how many millions of acres are contained only to redeem
in the settled part of North America, and how much t eir bUIs"
each acre is worth, will acquire very enlarged and yet

736 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionart union of the colonies
The crisis very inadequate ideas of the value of this country.
federation" But those who will carry their inquiries further, and
1779-81. learn that we heretofore paid an annual tax to Britain
leteof °*" tnree millions sterling in the way of trade, and still
the cou- grew rich ; that our commerce was then confined to
fheir con- her ; that we were obliged to carry our commodities to
stituents, ner market, and consequently to sell them at her price ;
faGpt. lotJlj r
1779. that we were compelled to purchase foreign commodi
ties at her stores, and on her terms, and were forbid to
establish any manufactories incompatible with her
views of gain ; that in future the whole world will be
open to us, and we shall be at liberty to purchase from
those who will sell on the best terms, and to sell to
those who will give the best prices; that as the coun
try increases in number of inhabitants and cultivation,
the productions of the earth will be proportionably
increased, and the riches of the whole proportionably
greater : Whoever examines the force of these and
similar observations, must smile at the ignorance of
those who doubt the ability of the United States to
redeem their bills.
Advanta- "Let it also be remembered, that paper money is the
ges of pa- onj„ kind of money which cannot ' make unto itself
per money. •> J
wings and fly away.' It remains with us, it will not
forsake us, it is always ready and at hand for the pur
pose of commerce or taxes, and every industrious man
can find it. On the contrary, should Britain like Nin
eveh (and for the same reason) yet find mercy, and
escape the storm ready to burst upon her, she will find
her national debt in a very different situation. Her
territory diminished, her people wasted, her commerce
ruined, her monopolies gone, she must provide for the
discharge of her immense debt by taxes to be paid in
specie, in gold or silver perhaps now buried in the
mines of Mexico or Peru, or still concealed in the
Inclination hrooks and rivulets of Africa or Indostan.
of the U.S. "Having shown that there is no reason to doubt the
tO p£LY
their debt, ability of the United States to pay their debt, let us

THE UNITED STATES OF AMERICA. T37
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
next enquire if as much can be said for their inclina- The crisis
tion. Under this head three things are to be attended federation"
to: 1779-81.'
"First. Whether and in what manner the faith of 1^t^_Jom
the United States has been pledged for the redemption the con-
of their bills ? Scon-
"Second. Whether they have put themselves in agents,
political capacity to redeem them ? And, 1779. '
" Third. -Whether, admitting the two former propo
sitions, there is any reason to apprehend a wanton vio
lation of the public faith ?
"First. M must be evident to every man who reads The faith
the journals of congress, or looks at the face of one of piepigj5^
their bills, that congress have pledged the faith of their for it.
constituents for the redemption of them. And it must
be equally evident, not only that they had authority to
do so, but that their constituents have actually ratified
their acts, by -receiving their bills, passing laws estab
lishing their currency, and punishing those who coun
terfeit them. So that it may with truth be said ' that
tlie people have pledged their faith for the redemption
of them, not only collectively by their representatives,
but individually.
"Second. Whether the United States have put Political
themselves in a political capacity to redeem their bills, _f^he'u S
is a question which calls for more full discussion. to redeem
"Our enemies, as well foreign as domestic, have consid-6
laboured to raise doubts on this head. They argue ered-
that the confederation of the states remains yet to be
perfected, that the union may be dissolved, congress
be abolished, and each state, resuming its delegated
powers, proceed in future to hold and exercise all the
rights of sovereignty appertaining to an independent
state. In such an event, say they, the continental bills
of credit, created and supported by the union, would
die with it. This position being assumed, they next
proceed to assert this event to be probable, and in
proof of it urge our divisions, our parties, ourv separate
47

738 THE GOVERNMENTAL HISTORY OF
PART IV. THE REVOLUTIONARY UNTON OF THE COLONIES
The crisis interests, distinct inahhers, former prejudices, and
federttion many other arguments equally plausible, and equally
1779-81. fallacious. Examine this matter.
l^He^from "For every purpose essential to the defence of these
the con- states in the progress of the present war, and necessary
their con- to the attainment of the objects of it, these states now
stituents ^re as folly, legally, and absolutely confederated as it
1779. ' is possible for them to be. Read the credentials of the
different delegates who composed the congress in 1774,
1775, and part of 1776. You will find that they estab-
ing league lisn a union for the express purpose of opposing the
°f nn!°n oppressions of Britain and obtaining ' redress of griev-
compiete. ances. On the 4th of July, 1776, your representatives
in congress, perceiving that nothing less than uncondi
tional submission would satisfy our enemies, did, in
the name of the people Of the thirteen united colonies,
The com- declare them to be free and independent states, and
the decia- ' for the. support of that declaration, with a firm reliance
inde0pena- on tne protection of Divine Providence,' did ' mutually
ence. pledge to each other their Kves, their fortunes, and
their sacred honor.' Was ever confederation more
formal, more solemn, or explicit? It has been ex
pressly assented to and ratified by every state in the •
union. Accordingly for the direct support of this
declaration, that is, for the support of the independ
ence of these states, armies have been raised, and bills
of credit emitted, and loans made to pay and supply
ftate. to6 them" Tlie redemPtion> therefore, of these bills, the
an indisso- payment of these debts, and the settlement of the
federacy! accounts of the several states, for expenditures or
services for the common benefit, and in this common
cause, are among the objects of this confederation;
and consequently while all, or any of its objects, re
main unattained, it cannot, so far as it may respect
such objects, be dissolved, consistently with the laws of
God or Man.
" But we are persuaded, and Our enemies will find,
that our union is not to end here. They are mistaken

THE UNITED STATES OF AMERICA.. 739
• UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
when they suppose us kept together only by a sense of The crisis
present danger. It is a fact which they only will dis- ^d^tto™"
pute, that the people of these states were never so cor- 1779-81.
dially united as at this day. By having been obliged C;rcujar
to mix with each other, former prejudices have worn letter from
off and their several manners become blended. AgrgSgt_7
sense of common permanent interest, mutual affection, th.eir con-
x . stituents,
(having been brethren in affliction.) the ties of con- Sept. 13th,
sanguinity daily extending, constant reciprocity of1779,
good offices, similarity in language, in governments,
and therefore in manners; the importance, weight, Harmony
and splendor of the union, all conspire in forming a ^ss 0™
strong chain of connection, which must forever bind their Prea-
us together. The United Provinces of the Netherlands
and the United Cantons of Switzerland became free
and independent under circumstances very like ours.
Their independence has been long established, and yet
their confederacies continue in full vigor. What rea
son can be assigned why our union should be less last
ing? Or why should the people of these states be
supposed less wise than the inhabitants of those ? You
are not uninformed that a plan for a perpetual confed- TJ^_ff0jall
eration has been prepared, and that twelve of the thir- for a per-
teen states have already acceded to it. But enough federation'
has been said to show that for every purpose of the
present war, and all things incident to it, there does
at present exist a perfect, Solemn confederation, and
therefore that the states now are, and always will be,
in political capacity to redeem their bills, pay their
debts, and settle their accounts.
" Third. Whether admitting the ability and politi- Will the
cal capacity of the United States to redeem their bills, ^"ae t_e"
there is anv reason to apprehend a wanton violation of redeem
t v _• -xi « their Wk?
the public faith"
" It is with great regret and reluctance that we can
prevail upon ourselves to take the least notice of a
question which involves in it a doubt so injurious to
the honor and dignity of America.

740

THE GOVERNMENTAL HISTORY OK

Part IV.

THE REVOLUTIONARY UNION OF THE COLONIES

The crisis
of the
confederation, 1779-81.
Circularletter from
the con
gress to
their con
stituents,
Sept. 13,
1779.

Inventionsof the
enemy to
promotedistrustand dis
union.

The dele
gates in
congress.

Odium of
repudiation of the
national debt.

" The enemy, aware that the strength of America lay
in the union of her citizens, and the wisdom and integ
rity of those to whom they committed the direction of
tlieir affairs, have taken unwearied pains to disunite and
alarm the people, to depreciate the abilities and virtue
of their rulers, and to impair the confidence reposed in
them by their constituents. To this end repeated at
tempts have been made to draw an absurd and fanciful
line of distinction between the congress and the people,
and to create an opinion and a belief that their inter
ests and views were different and opposed. Hence the
ridiculous tales, the insidious insinuations, and the
whimsical suspicions, that have been forged and propa
gated by disguised emissaries and traitors in the garb
of patriots. Hence has proceeded the notable discov
ery that as the congress made the money they also can
destroy it ; and that it will exist no longer than they
find it convenient to permit it. It is not surprising
that, in a free country, where the tongues and pens of
such people are and must be licensed, such political
heresies should be inculcated and diffused, but it is
really astonishing that the mind of a single virtuous
citizen in America should be influenced by them.
"It certainly cannot be necessary to remind you that
your representatives here are chosen from among your
selves ; that you are, or ought to be, acquainted with
their several characters; that they are sent here to
speak your sentiments, and that it is constantly in your
power to remove such as do not. You surely are con
vinced that it is no more in their power to annihilate
your money than your independence, and that any act
of theirs for either of those purposes would be null and
void. " We should pay an ill compliment to the understand
ing and honor of every true American, were we to
adduce many arguments to show the baseness or bad
policy of violating our National Faith, or omitting to
pursue the measures necessary to preserve it. A bank-

THE UNITED STATES OF AMERICA. 741
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
rupt, faithless Republic would be a novelty in the polit- The crisis
ical world, and appear among reputable nations like a COnfedera-
common prostitute among chaste and respectable mats *',??'
rons. The pride of America revolts from the idea ; her
citizens know for what purposes these emissions were Circular
made, and have repeatedly plighted their faith for the the con-
redemption of them; they are to be found in every &e?s 10
man's possession and every man is interested in their stituents,
being redeemed. They must therefore entertain a high ^*- 13'
opinion of American credulity, who suppose the people
capable of believing, on due reflection, that all America
will, against the faith, the honor, and the interest of all
America, be ever prevailed upon to countenance, sup
port or permit, so ruinous, so disgraceful a measure.
We are convinced that efforts and arts of our enemies Repudla-
will not be wanting to draw us into this humiliating J^bta,
and contemptible situation. Impelled by malice and
the suggestions of chagrin and disappointment, at not
being able to bend our necks to their yoke, they will
endeavor to force or seduce us to commit this unpar
donable sin, in order to subject us to the punishment
due to it, and that we may thenceforth be a reproach
and a bye word among the nations. Apprised of these
consequences, knowing the value of national character,
and impressed with a due sense of the immutable laws
of justice and honor, it is impossible that America
should think without horror of such an execrable deed.
" If then neither our ability or inclination to discharge Past neg-
the public debt are justly questionable, let our conduct '^^
correspond with this confidence, and let us rescue our duty, point
credit from its present imputations. Had the attention r^medy
of America to this object been unremitted, had taxes
been seasonably imposed and collected, had proper laws
been made, had laws been passed and executed for pun
ishing those who maliciously endeavored to injure the
public credit ; had these and many other things equally
necessary been done, and had our currency, notwith
standing all these efforts, declined to its present degree

742 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The crisis of depreciation, our case would indeed have been de-
confedera- plorable. But as these exertions have not been made,
1779-Ri •we may ye* exPerience ^he good effects which naturally
result from them. Our former negligences therefore,
Circular should now animate us with hope and teach us not to
the con- despair of removing by vigilance and application the
gress to eviis wi_ich supineness and inattention have produced.
stituents, " It has been already observed, that in order to pre-
1779. 13' Ten* the further natural depreciation of our bills we
have resolved to stop the press, and to call upon you
Loans and for supplies by loans and taxes. You are in capacity
only re- to afford them, and are bound by the strongest ties to
sort for &0 it. Leave us not therefore without supplies, nor let
supplies. rr '
m that flood of evils which would follow from such
neglect. It would be an event most grateful to our
enemies, and depend upon it they will redouble their
Urgency artifices and industry to compass it. Be therefore upon
crisis.6 y°ur guard, and examine well the policy of every meas
ure and the evidence of every report that may be pro
posed or mentioned to you before you adopt the one or
believe the other. Recollect that it is the price of lib
erty, the peace and the safety of yourselves and pos-
Vigiiance terity, that now is required; that peace, liberty and
stm n^ces- safety, for the attainment and security of which you
sary have so often and so solemnly declared your readiness
to sacrifice your lives and fortunes. The war, though
drawing fast to a successful issue, still rages. Disdain
to leave the whole business of your defence to your
ally. Be mindful that the brightest prospects may be
clouded, and that prudence bids us be prepared for
every event. Provide therefore for continuing your
armies in the field till victory and peace shall send them
home, and avoid the reproach of permitting the cur
rency to depreciate in your hands, when by yielding a
part to taxes and loans, the whole might have been
appreciated and preserved.
"Humanity as well as justice makes this demand upon
you, the complaints of ruined widows, and the cries of

THE UNITED STATES OF AMERICA. 743
under the declaration of independence. Part IV.
fatherless children, whose whole support has been placed The crisis
in your hands and melted away, have doubtless reached confedera-
you; take care that they ascend no higher. Rouse ^v*,
J. - p • 1779-81
therefore; strive who shall do most for his country; re
kindle that flame of patriotism whicli, at the mention
of disgrace and slavery, blazed throughout America, Conclud-
and animated all her citizens. Determine to finish the mg *ppe,L
contest as you began it, honestly and gloriously. Let
it never be said that America had no sooner become
independent than she became insolvent, or that her
infant glories and growing fame were obscured and tar
nished by broken contracts and violated faith, in the
very hour when all the nations of the earth were
admiring the splendor of her rising.
"By the. unanimous order of the congress,
John Jay, President."
"Philadelphia, September 13, 1779."* f
We may well and proudly challenge the production The. eircu-
pf another such a state paper as this, whether in the la/ 4*h*
annals of European or American diplomacy. The
clearness of its argument, the pungency of its logic
the elegance of its diction, the brevity and yet compre
hensiveness of its detail ; the patriotic and fervid elo
quence ; the elevated, resolute, and heroic energy ; the
humanity, justice, and piety, which pervade the whole;
give to it characteristics without a parallel in the his
tory of English forensic composition, or classical litera
ture : No wonder that if; inspirited the aims, nerved
the arms, and united the hearts, of the people of Amer
ica in the last great struggle for independence: No* Journal*
wonder that it overawed the vindictive fury of British of con"
vengeance, appalled the partizans pf treachery, ani-5"*
mated tiie hopes of the sous of freedom, and prompted
t On the 28th September, 1779, Mr. Jay resigned the Presidency hav
ing accepted the appointment of Minister Plenipotentiary to negotiate a
treaty of Amity and Commerce, and of AUiance ^rith Spain; and Mr.
Samuel Huntington was elected in his place.

744 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The basis them to march forward with full confidence of victory.
federation" Well might an7 people be proud of such counsellors
1779-81. and rulers, and feel that in their hands their liber
ties and destinies were safe, whatever might be their
Character- credentials of power or the forms of their administra-
istics ofthe tion : But it is the peculiar greatness and glory of all
statesmen that wisdom and renown which has hallowed the mem-
^^^"ories of our revolutionary fathers, that amid the duties
and cares of state, and the anxieties and vexations
of war, they were never unmindful of the distinctive
claims of that religion which originated and conserved
those elements of freedom which were " the polished
corner-stones " of the confederacy.
On Thursday, October fourteenth, 1779, in the very
throng and pressure of these secular labors, we find
them resolving, " that it will, be proper to set apart the
second Thursday in December next as a day of general
Recom- . thanksgiving in these United States, and that a com-
mfendatL°rn mittee of four be appointed to prepare a recommend-
thanks- ation to the said states for this purpose : " Where-
fhe!conby uPon Mr- Root> Mr- Holten, Mr. Muhlenberg, and Mr.
gress^Oct. Morris were appointed : They reported a draft on
the twentieth of the same month, which was agreed to
in congress, as follows :
Theproc- " Whereas it becomes us humbly to approach the
Throne of Almighty God, with gratitude and praise for
the wonders which His goodness has wrought in con
ducting our forefathers to this western world ; for His
protection to them and to their posterity amidst diffi
culties and dangers ; for raising us, their children,
from deep distress to be numbered among the nations
of the earth ; and for arming the hands of just and
mighty princes iii our deliverance ; and especially for
that He hath been pleased to grant us the enjoyment of
health ; and so to order the revolving seasons, that the
earth hath produced her increase in abundance, bless
ing the labours of the husbandman, and spreading
plenty through the land ; that He hath prospered our

20, 1779.

lamation.

THE UNITED STATES OF AMERICA. 745
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
arms and those of our ally ; been a shield to our troops The crisis
in the hour of danger, pointed their swords to victory, federation"
and led them in triumph over the bulwarks of their 1 779-81.
foe ; that He hath gone with those who went out into
the wilderness against the savage tribes ; that He hath proclama.
stayed the hand of the spoiler, and turned back his tion for a
meditated destruction; that He hath prospered our {JhankUiv-
commerce, and given success to those who fought the ™s °y
enemy on the face of the deep ; and above all, that He gress, Oct.
hath diffused the glorious light of the gospel, whereby,'20' im
through the merits of our gracious Redeemer, we may
become the heirs of His eternal glory, therefore
" Resolved, Tliat it be recommended to the several Recogni-
-it . tion of the
states, to appoint Thursday, the ninth day of Decern- elements
ber next, to be a day of public thanksgiving to Almighty ^"^J^
God for His mercies ; and of prayer for the continu- tianity.
ance of His favor and protection to these United States ;
to beseech Him that He would be graciously pleased to
influence our public councils, and bless them with wis
dom from on high, with unanimity, firmness, and suc
cess ; that He would go forth with our hosts and crown
our armies with victory ; that He would grant to His
church the plentiful effusions of divine grace, and pour
out His holy spirit on all ministers of the gospel ; that
He would bless and prosper the means of education,
and spread the light of Christian knowledge through
the remotest corners of the earth ; that He would smile
upon the labours of His people and cause the earth to
bring forth her fruits in abundance, that we may with
gratitude and gladness enjoy them ; that He would take
into His holy protection our illustrious ally, give him
victory over his enemies, and render him signally great,
as the father of his people and the protector of the
rights of mankind ; that He would graciously be pleased
to turn the hearts of our enemies, and to dispense the
blessings of peace to contending nations ; that He
would in mercy look down upon us, pardon our sins,
and receive us into His favor ; and finally, that He

746 THE GOVERNMENTAL HISTORY QF

Part IV. . the revolutionary union of the colonies
The crisis would establish the independence of these United
federation! States, upon the basis of religion and virtue, and sup-
1779-81. port and protect them in the enjoyment of peace, lib
erty, and safety.
"Done in congress, the twentieth day of October, one
thousand seven hundred and seventy-nine, and in the
fourth year of the Independence of the United States
of America. " Samuel Huntington, President.
"Attest. Charles Thomson, Secretary"

Ratifica- I have elsewhere set forth the minor objections which
posed con- were made by the. respective colonies to the ratification
federation 0f the articles of confederation, and the manner in
by twelve '
states which they were disposed of by the congress : And
sufficient."" although these articles, as originally proposed, had now
gone through all the forms supposed necessary to ren
der their ratification binding, on the part of twelve of
the states, the congress still doubted the sufficiency of
the compact. It was indeed seriously- questioned
whether the action, of twelve only of the colonies, or
states, in a confederation professing by its very terms to
be the compact of thirteen, could be of any binding
force either upon those which had, or those which had
not, ratified it. Or in other words, whether a ratification
in the manner proposed by Virginia and Connecticut, be
tween any number less than the whole thirteen, would
Complica- not involve a violation of the League of Union under
thTpro- the Declaration of Independence, as well as the treat-
posed con-ies 0f alliance, &c, with France- And then, again, if
acy" they refused to unite under the confederation in a per-
petual compact, on account of any elements of discord
now originating among themselves, would not that
weaken the confidence of his Most Christian Majesty, as
well as other friendly foreign powers, in the stability
of their union? Would it not tend to dissolve ex
isting, and prevent further alliances? These were
matters of grave consideration ; and the vast interests

THE UNITED STATES OF AMERICA. 74T
UNDER THE DECLARATION OF INDEPENDENCE. PART -IY.
involved in their discussion, rendered still more fearful The crisis
the critical conjuncture to which they were rapidly fe^t0;™"
tending : They disclose the great difficulty in the way 1779-81.
of accomplishing an end so desirable as an unanimous
adoption of the proposed articles of confederation.
That difficulty was, the controversy respecting the
boundaries of the several states, or the disposition to
be made of the unoccupied lands which were held by
the crown at the time of the Declaration of their Inde- Controver-
sy about
pendence, commonly called the Crown Lands. the crown
These boundaries, as we have seen, according to the _*"stue to a
provisions of the patents under which many of the col- ratifica-
onies were established, were limited by " the South
Sea," or extended indefinitely towards the western wil
derness. The larger states, as Virginia and New York,
claimed exclusive right to all such lands within their
territorial or charter limits ; while the smaller, as in the
remonstrance of the states of Maryland and New Jer- See re-
sey, contended, that all such lands, within the limits of P__ sljf_\
whichever of the states, as were unoccupied at the
commencement of the war, and belonged to the crown,
should be deemed common property, subject to the dis
posal of congress for the common benefit.
The difficulty was now enhanced by the fact, that the Public sale
state of Virginia was offering lands for sale in a tract j£ y?.3
called Indiana, which was included in a larger tract g""a.
called Vandalia, " beginning at the southerly side of
the mouth of little Kenawa Creek where it empties
itself into the river Ohio ; and running from thence
south-east to the Laurel hill, thence along the Laurel
hill until it strikes the river Monongahela; thence
down the stream of the said river Monongahela, accordr
ing to the several courses thereof, to the southern
boundary line of the province of Pennsylvania ; thence
westerly along the course of the said province bound
ary line, as far as the same shall extend; and thence
by the same course to the river Ohio ; thence down

748 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The crisis the said river Ohio, according to the several courses
foderation" thereof, to the place of beginning."
1779-81. ' It was contended on the other hand, by certain per-
Remon- gons ciaiming to be proprietors, who memorialized con-
against gress, that this tract of land did not belong to Vir-
cro*ne°f ginia ; but that it was, " by order of the king of Great
lauds by Britain in council, before the declaration of the inde-
Sept. 1779. pendency of these United States, separated from the do
minion which, in right of the crown, Virginia claimed
over it ; and therefore the said tract of country cannot
remain subject to the jurisdiction of Virginia, or any
The lands particular state, but of the whole United States in con-
claimed gress assembled : That said acts of the state of Vir-
for the
congress, ginia, directing the sale of the lands in question, were
intended to defeat and prevent the interposition of con-
. , gress ; and therefore they prayed congress to interfere
congress and make such order as might be thought proper, to stay
mon-6 re Virginia in the sale of the lands in question, till Vir-
strants. ginia, as well as the memorialists, can be heard ; and
the whole rights of the owners of the tract of land called
Vandalia, of which Indiana is a part, shall be ascer
tained in such manner as may tend to support the sov
ereignty of the United States, and the just rights of indi
viduals therein."
Action of This fearful subject of controversy came before the
-pontile congress upon this memorial, September fourteenth,
remon- an(_ continued to agitate it till October twenty-ninth,
strance. ° . '
when a committee appointed for the purpose, reported,
" that they had read over and considered the state of
facts given in by the delegates of Virginia, in reply to
the memorial, and cannot find any such distinction be
tween the question of the jurisdiction of congress and
Report of the merits of the cause, as to recommend any decision
mittee'of upon the first separately from the last. That they rec-
congress ommend to congress the following resolution: That
considering the present incomplete state of the confed
eration, it be recommended to the state of Virginia,
and eyery other state in similar circumstances, to sus-

THE UNITED STATES OF AMERICA. 749
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
pend the sale, grant, or settlement, of any land unap- The crisis
propriated at the time of the Declaration of Independ^^^"
ence, until the conclusion of the war." 1779-81.
In pursuance of this recommendation of the com
mittee, after considerable debate, on the thirtieth of
October, the congress adopted the following preamble
and resolution, viz. :
" Whereas, the appropriation of vacant lands by the
several states during the continuance of the war, will,
in the opinion of congress, be attended with great mis
chiefs, therefore,
"Resolved, That it be earnestly recommended to the Resolution
state of Virginia, to reconsider their late act of assem- ^°oTl °
bly for opening their land office ; and that it be recom- Oct. 20th,
mended to the said state, and all other states similarly
circumstanced, to forbear settling or issuing warrants
for unappropriated lands, or granting the same during
the continuance of the present war."f
In the month of December, of the same year, an ap- Controver-
peal was made to the congress on the part of the state of pye_ngyiya_
Pennsylvania, touching a dispute which had arisen be- ™ a.nd
tween that state and Virginia, relative to the extent of about™
their boundaries and the ownership of certain unoccu- ^J18' Dec'
pied lands. The controversy between them assumed
so hostile a character that congress expressed serious
apprehension that it might " probably be productive of
serious evils to both states, and tend to lessen their ex
ertions in the common cause." They accordingly passed Resolution
a resolution urging them to forego the controversy, and of congress
to have ' things placed in the situation in wliich they
were at the commencement of the present war, without
prejudice to the claims of either party.' "f
Virginia, in turn, remonstrated against the interfer- Virglma
ence of the congress ; and thus the elements of strife strates
seemed to be spreading and extending their influence, hfterfer-
threatening the utter defeat of a union under the pro- enoe of
congress.
posed articles of confederation. Amid this heated con- 1 journaia
flict of claims and interests, of opinions and passions, of con-
it was impossible to foresee how the contending parties

750 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The crisis could be reconciled, or how any compact could be de
fecation" vised to meet the wants, wishes, and interests of all.
1779-81. ' Happily, however, in February following, the legisla
ture of the state of New York cast a healing branch
into the bitter waters by an act authorizing a surrender
to congress, " for the use and benefit of such states as
should become members of the Federal Alliance," of
a part of the western domain claimed by her. This act
was as follows :
Mediatory "Whereas nothing, under Divine Providence, can
more effectually contribute to the tranquillity and safety
of the United States of America than a Federal Alli
ance, on such liberal principles as will give satisfaction
to its respective members : And whereas the articles of
confederation and perpetual union, recommended by
the honorable congress of the United States of America,
have not proved acceptable to all the states ; it having
been conceived, that a portion of the waste and uncul
tivated territory, within the limits or claim of certain
states, ought to be appropriated as a common fund for
the expenses of the war ; and the people of this state
of New York, being on all occasions- disposed to mani
fest their regard for their sister states, and their earnest
desire to promote the general interest and security, and
more especially to accelerate the Federal Alliance, by
removing, as far as it depends upon them, the before
mentioned impediment to its final accomplishment.
"To ac- "Be it therefore enacted, by the people of the state
cjeierate 0f jj ew York, represented in Senate and Assembly, and
rai alli- it is hereby enacted by the authority of the same ; That
passed by ^ slia11 and may be lawful, to and for the delegates of
New York, this state, in the honorable the congress of the United
1780. ' States of America, or the major part of such of them
as shall be assembled in congress, and they the said
delegates, or the major part of them so assembled, are
hereby fully authorized and empowered, for and on be
half of this state, and by proper and authentic acts or
instruments, to limit and restrict the boundaries of this

THE UNITED STATES OF AMERICA. 751
UNDER THE DECLARATION OF INDEPENDENCE. PART IT.
state in the western part thereof, by such line, or lines, The crisis
and in such manner and forni, as they shall judge to fl^^'
be expedient ; either with respect to the jurisdiction 1779-81.
as well as the right or pre-emption of soil; or reserv-5SLd_£.
ing the jurisdiction in part, or in the whole, over the powered
lands which may be ceded or relinquished, With respect her bound-
only to the right or pre-emption of the soil. aries-
"And be it further enacted, by the authority aforesaid,
that the territory, which may be ceded or relinquished,
by virtue of this act ; either with respect to the juris
diction as well as the right or pre-emption of soil, or
the right or pre-emption of soil Only; shall be and
ensue for the use and benefit of such of the United
States, as shall become members of the Federal Alli-JJ1^68
ance of said states, and for no otheruse or purpose what-gr&nt,
soever." "And be it further enacted, by the authority aforesaid, Lanas.
that all the lands to be ceded and relinquished, by vir- disposed
tue of this act, for the benefit of the United States, with of>
respect to property, but which nevertheless shall remain
under the jurisdiction of this state, shall be disposed
of and appropriated in such manner only, as the con
gress of the said states shall direct ; and that a warrant
under the authority of congress, for surveying and lay
ing out any part thereof, shall entitle the party in whose
faVor it shall issue, to cause the same to be surveyed
and laid out, and returned according to the directions
of such warrant ; and thereupon letters patent under *
the great seal of this state shall pass to the grantee for
the estate specified in said warrant ; for which no other
fee or reward shall be demanded or received, than such
as shall be. allowed by congress.
"Provided always, and be it further enacted, by the Proviso.
authority aforesaid, that the trust reposed, by virtue
of this act, shall not be executed by the delegates of
this state, unless at least three of the said delegates shall
be present in the congress :
" State of New York, ss. I do hereby certify, that the

752

THE GOVERNMENTAL HISTORY OF

Part IV.

THE REVOLUTIONARY UNION OF THE COLONIES

The crisis aforegoing is a true copy of the original act, passed
tierJZ', 19th February, 1780, and lodged in the secretary's
1779-81. ' office.

Proceedings in
congress,upon the
mediatory act of
New York,

Necessity
of releas
ing land
claims to
promotethe con
federation.

Robert Harpur, Dep. Sec'y of State."

This magnanimous act on the part of the state of
New York was laid before congress March 7th,
1780,' and its provisions formally carried out by the
delegates from that state. In September of the same
year, the congress made it the basis of an appeal to the
other states for a similar cession of their -territorial
claims. To speak from the record :
" September 6th, 1780. Congress took into considera
tion the report of the committee to whom was referred
the instructions of the General Assembly of Maryland
to their delegates in congress respecting the articles of
confederation ; and the declaration therein referred to ;
the act of the legislature of New York on the same
subject; and the remonstrance of the General Assem
bly of Virginia ; which report was agreed to, and was
in the words following :
" That having duly considered the several matters to
them submitted, they conceive it unnecessary to exam
ine into the merits or pohcy of the instructions or
declaration of the general assembly of Maryland; or
of the remonstrance of the general assembly of Vir
ginia; as they involve questions, a discussion of which
was declined on mature consideration, when the arti
cles of confederation were debated ; nor, in the opinion
of the committee, can such questions be now revived
with any prospect of conciliation: That it appears
more advisable to press upon those states which can
remove the embarrassments respecting the western
country, a liberal surrender of a portion of their ter
ritorial claims, since they cannot be preserved entire
without endangering the stability of the general con
federacy; to remind them how indispensably necessary
it is to establish the Federal Union on a fixed and per-

THE UNITED STATES OF AMERICA. 753'
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
manent basis, and on principles acceptable to all its The crisis
respective members ; how essential to public credit and federation,"
confidence; to the support of our army; to the vigor 1779-81.
•of our councils and success of our measures; to our
tranquillity at home; our reputation abroad; to our Appeal to
very existence as a free, sovereign, and independent *he statea
people: That they are fully persuaded, the wisdom of gress, Sept.
the respective legislatures will lead them to a full and '* '
impartial consideration of a subject so interesting to
the United States, and so necessary to the happy estab
lishment of the Federal Union: That they are con
firmed in these expectations by a review of the before
mentioned act of the legislature of New York, submit
ted to their consideration; that this act is expressly
calculated to accelerate the Federal Alliance, by re
moving, as far as depends on that state, the impediment
arising from the western country; and for that purpose
to yield up a portion of territorial claim for the general
benefit; whereupon,
" Resolved, That copies of the several papers referred Resolution
to the committee, be transmitted with a copy of the re- _t?tesSto
port, to the legislatures of the several states, and that cede west-
it be earnestly recommended to those states who have
claims to the western country, to pass such laws, and
give tlieir delegates in congress such powers, as may
effectually remove the only obstacle to a final ratification
of the articles of confederation; and that the legisla- Appeal to
ture of Maryland be earnestly requested to authorize ary an '
their delegates in congress to subscribe the said arti
cles." This resolution was followed, in October of the same Further
year, by another, wherein the congress pledged the resolutlon-
faith of the people of the United States tliat such lands
as might be ceded, should be used solely for the gen
eral benefit ; and to carve out of them new states which
should be thereafter included within the general confed
eracy. This resolution was as follows, viz. :
"In Congress, Tuesday, October 10th, 1780. Re- ,
48

754 THE GOVERNMENTAL history of
Part IV. the revolutionary union of the colonies
The crisis solved, that the unappropriated lands that may be ceded
federation" or relinquished to the United States, by any particular
1779-81. state, pursuant to the recommendation of congress of
the sixth of September last, shall be disposed of for the*
Pledge of common benefit of the United States ; and be settled
refcrence™ an(* f°rmed into distinct republican states ; which shall
to the ter- become members of the Federal Union, and have the
ceded Oct! same rights of sovereignty, freedom, and independence,
' 10, 1780. as the other states : That each state, which shall be so
formed, shall contain a suitable extent of territory ; not
less than one hundred nor more than one hundred and
fifty miles square, or as near thereto as circumstances
will admit: That the necessary and reasonable ex
penses which any particular state shall have incurred
since the commencement of the present war, in sub
duing any British posts ; or in maintaining forts or gar
risons within and for the defence, or in acquiring any
part, of the territory that may be ceded or relinquished
to the United States, shall be reimbursed: That the
said lands shall be granted, or settled, at such times,
and under such regulations, as shall hereafter be agreed
on by the United States, in congress assembled, or any
nine or more of them."

Effect of The appeal and the pledge contained in the foregoing
lutions680' resolutions, were readily responded to, and the 'exam
ple of New York was cordially followed by Virginia,
Massachusetts Bay, Connecticut, North and South Caro
lina, and Georgia ; and thus this fearful source of con
troversy was removed, so far as the Federal Alliance
was concerned, and with its removal terminated the
crisis of the confederation.
Third The cession >by Virginia quieted the apprehensions
thedeic-7 of Maryland, and on Monday, February twelfth, 1781,
gates from the delegates from that state laid before congress a cer-
Maryland, . ,. , . -i ¦ i j i . i
Feb., 1781. tified copy of an act of their legislature, which was
See p. 712. read as follows :
"An act to empower the delegates of this state in

THE UNITED STATES OF AMERICA. 755
UNDER THE DECLARATION OF INDEPENDENCE, PART IV.
congress, to subscribe and ratify the articles of confed- The ar-
e™tion. *tfed°L
" Whereas, it hath been said that the common enemy tl0n m
is encouraged, by this state not acceding to the confede- mi. '
ration, to hope that the union of the sister states may
be dissolved ; and therefore prosecutes the war in ex- powering
pectation of an event so disgraceful to America ; and *aym ^
our friends and illustrious Ally, are impressed with an confedera-
idea that the common cause would be promoted by our I0n"
formally acceding to the confederation; this general
assembly, conscious that this state hath, from the com- Reasons
mencement of the war, strenuously exerted herself .in1 ereop'
the common cause ; and fully satisfied that if no formal
confederation was to take place, it is the fixed determi
nation of this state to continue her exertions to the
utmost, agreeable to the faith pledged in the union; from
an earnest desire to conciliate the affection of the sister
states ; to convince all the world of our unalterable
resolution to support the independence of the United
States, and the alliance with his Most Christian Majesty ;
and to destroy forever any apprehension of our friends, The alter-
or hope in our enemies, of this state being again united __avoided.
to Great Britain:
"Be it enacted, hy the General Assembly of Mary- Delegates
land, that the delegates of this state in congress, or_™d°to"
any two or three of them, shall be and are hereby em- ra*ify-
powered and required, on behalf of this state, to. sub
scribe the articles of confederation and perpetual union
between the states of New Hampshire, Massachusetts
Bay, Rhode Island and Providence Plantations, Con
necticut, New York, New Jersey, Pennsylvania, Del
aware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia, signed in the General Conr
gress of the said states, by the honorable Henry
Laurens, Esq., their then president ; and laid before
the Legislature of this state to be ratified, if approved.
" And that the said articles of confederation and per
petual union, so as aforesaid subscribed, shall thence-

756 THE GOVERNMENTAL HISTORY OF
Part IV. the revolutionary union of the colonies
The arti- forth be ratified and become conclusive as to this state,
confedera- an(^ obligatory thereon. And it is hereby declared,
tion in that by acceding to the said confederation, 'this state
1781. ' doth not relinquish, or intend to relinquish, any right
Third re- or interest she hath, with the other united or confed-
and rati™' erated states, to the back country ; but claims the
cation by, same as fuUy as -^ag ,_one by the legislature of this
Maryland, J ' °
Feb., 1781. state, in their declaration which stands entered on the
Reserva- journals of congress : This state relying on the justice
u " of the several states hereafter, as to the land claimed
by this state.
Further "And it is further declared, that no article in the
quaiifica- gaj^ confederation can, or ought to, bind this or any
other state, to guarantee any exclusive claim of any
particular state to the soil of the said back lands, or
, any such claim of jurisdiction over the said lands, or
the inhabitants thereof.
" By the House of Delegates, January 30th, 1781,
read and assented to. By order, F. Green, Clerk.
"By the Senate, February 2d, 1781, read and as
sented to. By order, James Macubbin, Clerk.
"Tho. S. Lee, (L. S.)"

Final rati- " In Congress, March 1st, 1781. According to the
thefcon-°f or<ler of the day, the honorable John Hanson and Dan-
federation, _e_ Carroll, two of the delegates for the state of Marv-
__I-_i_*(*_l 1 flt
I78i. 'land, in pursuance of the act of the legislature of that
state, entitled ' An act to empower the delegates of this
state in congress to subscribe and ratify the articles of
confederation ; ' which was read in congress on the 12th
of February last, and a copy thereof entered on the
minutes ; did, in behalf of the said state of Maryland,
Seethe sign and ratify the said articles; by which act the Con-
ante" page federation of the United States of America was com-
630- pleted, each and every of the thirteen United States,
from New Hampshire to Georgia, both included, hav-

THE UNITED STATES OF AMERICA. ,717
UNDER THE DECLARATION OF INDEPENDENCE. PART IV.
ing adopted and confirmed, and by their delegates in Signatures
congress, ratified the same." Itarf "*
I subjoin the names of the delegates by whom the confedera-
ratification was signed, on behalf of their respective '
states :
NEW HAMPSHIRE.
Josiah Bartlett, John "Wentworth, Jr.
MASSACHUSETTS BAY.
John Hancock, Francis Dana,
Samuel Adams, James Lovell,
Elbridge Gerry, . Samuel Holten.
RHODE ISLAND, &c.
William Ellery, John Collins.
Henry Marchant, CONNECTICUT.
Roger Sherman, Titus Hosmer,
Samuel Huntington, Andrew Adam.
Oliver Wolcott, NEW YORK.
Jas. Duane, William Duer,
Fras. Lewis, Gouvr. Morris.
NEW JERSEY.
Jno. Witherspoon, Nathl. Scudder.
PENNSYLVANIA.
Robt. Morris, William Clingan,
Daniel Roberdeau, Joseph Reed.
Jona. Bayard Smith,
DELAWARE.
Thos. McKeane, Nicholas Van Dyke.1
John Dickinson, MARYLAND.
John Hanson. Daniel Carroll.

758

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

Signatures
to the arti
cles of
confedera
tion, 1781.

VIRGINIA.
-Richard Henry Lee, Jno. Harvie,
John Banister, Francis Lightfoot Lee.
Thomas Adams, NORTH CAROLINA.
John Penn, Jno. Williams.
Corns. Harnett, SOUTH CAROLINA.
Henry Laurens, Richard Hutson,
Wm. Henry Drayton, Thos. Heyward, Jb.
Jno. Matthews, GEORGIA.
Jno. Walton, Edwd. Langwobthy.
Edwd. Telfair,

Effect of
the ratifi
cation up
on the in
dependen
cy of the
UnitedStates.

Americanindepend ency in
Great
Britain, 1777-82.

The final ratification of the Articles of Confedera
tion and perpetual union, by the thirteen United States,
opened again a new and important era in our govern
mental history. It gave to their union the sacred and
inviolable seal of a perpetual, irrevocable compact. It
elevated them in their national character to rank and
respectability among the empires of the world. It at
tracted towards them the consideration, the interest,
and the sympathy, of foreign courts and princes, which
enabled them with more facility to obtain loans, and
negotiate alliances ; while it also settled the question
of tlieir independency in the councils of Great Britain.
Had the prevailing sentiment of the parent nation,
as it existed out of parliament and among the people,
been allowed to influence administration, the inde
pendency of America would have been acknowledged
by Great Britain soon after it was declared by the
Colonies, if for no other reason than that the heart
of the nation was horrified and sickened by the inhu
manity, the barbarity, and the injustice, with which

THE UNITED STATES OF AMERICA. 759
UNDER THE CONFEDERATION. PART IV.
the war was carried on. We have heard the com- American
plaints of America on this head, and to complete our indePend"
¦*• ghgy in
work we turn now to the record as it is written on the Great
other side of the Atlantic. 1777-82.
The Duke of Richmond uttered the popular senti
ment, in his place in the House of Lords, in November,
1777, when he characterized the conduct of the war in
America by Great Britain, as " shocking beyond de
scription to every feeling of a christian or of a man ! "
"When," he continued, "we have heard ofthe cruelty The Duke
of otlier civil wars, we used to rejoice not to have the moncTon
age, or the country we lived in, the scene of such the con-
misery ; but to see England, formerly famous for hu- the war.
manity, coolly suffering the worst of barbarities to be ?oufe oi
. Lords,
exercised on her fellow-subjects, and appearing un- Nov., 1777.
touched by the woes she causes, because they are at a
distance and she does not experience any of them her
self, must be truly mortifying to any man who is in
the smallest degree possessed of national pride.
"If ever any nation shall deserve to draw down
upon her the Divine vengeance for her sins, it will be
this, if she suffers such a horrid war to continue. To
me, who think we have been originally in the wrong,
it appears doubly unpardonable. But even supposing
we were right, it is certainly we who produce the war.
And I do not think any consideration of dominion or
empire sufficient to warrant the sacrifices to it. The
best rights may be bought too dear, nor are all means
justifiable in attaining them. To arm negro slaves Barbarities
against their masters ; to arm savages, who we knowofUie W*r-
will put their prisoners to death in the most cruel tor
tures, and literally eat them ; is not, in my opinion, a
fair war against fellow-subjects.
"When we are unfortunately obliged to war with
other nations, mutual esteem soon takes place between
the troops, and reciprocal humanity prevails, which
greatly alleviates the too many miseries of all wars ;
but in the present contest, every mean artifice has

760 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American been used to encourage the soldiery to act with asper-
encyPhild" ^*7> or alacrity, as it is now the fashion to call it.
Great "Instead of taking prudent measures to restrain the
1777-82. military within the closest bounds of discipline ; instead
of making them sensible, that, as they were to act
against their countrymen, every possible means of
saving their lives, and sparing their property, should
The Duke ^e use(^> an^ every degree of compassion shown to men
of Rich- who only erred from mistaken notions, and were still
the con- to be considered as subjects ofthe same king; they
duct of have been encouraged, by authority, to look upon their
House of opponents as cowards, traitors, rebels, and everything
Novd8'i777 that *s vue » an^ their property has been, by law, de
clared lawful plunder. The natural effects have fol
lowed. A military thus let loose, or rather thus set on,
brettVPar- nave given vent to that barbarity which degrades hu-
liamentary man nature ; and a total want of discipline and good
Register, . ' r 6
1777. order is said to prevail. *
So also when the Colonial and French alliance be
came known in England, the whole nation was alarmed
and cried out for peace with America. The announce
ment of it in parliament produced among the opposi
tion members, in both houses, the most bitter denun
ciations of the ministry ; and the necessity of abandon
ing the contest altogether was warmly insisted upon,
while the ministerial leaders and their adherents were
actually dumb with amazement.
The Earl The Earl of Abingdon rose in his place in the House
donon the °^ Lords, and said : " I rise to express my utmost indig-
ailiance nation at what I have this day heard from his majesty's
France, ministers. My lords, his majesty is betrayed, this house
ms*' *s trifle with, the nation is insulted ; but I hope, my
lords, this house has not lost its resentment, and that
Englishmen will no longer bear the treatment they have
met with. It is not more than twelve days past, that
ministers told us that no treaty was signed between
France and America ; and that they had every assur
ance of peace with France. And now, my lords, we

THE UNITED STATES OF AMERICA. 761
UNDER THE CONFEDERATION. PART IY.
are told by those very ministers, that a treaty is signed American
between France and America : And, by a message from ency1"™ "
his majesty, we are called upon to go to war with <*r?at
France. Is this possible, my lords ? A war with France ! ini 7-82.
Yes, and with Spain too ! Unable to cope with America
singly, we are to have a war with France, and with
Spain united, as if in our very weakness consisted our
strength. This is madness, it is desperation, it is folly !
No, my lords, it is neither, it is wickedness. This
country is sold to France. When suspicious men leave
their duty and their office here, and inofficially take
journies to Paris, there is something more than suspi
cion in this. If this country becomes a province of Debate on
France, as I too much fear it will, that infamous family an^^e'al-
of the Stuarts mav again be seated on the British throne, "ance with
France.
My lords, there is no other key to open the mystery House of
of these measures, and I am not single in my opinion : ^arrdh'
The eyes of many see it in the same light, and I could 1778.
wish it to become the subject of your lordship's atten
tion." Tlie Duke of Richmond said — " If we attack France, The duke
America is bound in honor to assist her against us; ^J^ "
and if we could not conquer America singly,. when
joined with France there appears to be. little hopes of
our success ; I beg your lordships, therefore, maturely
to consider the consequence of a rupture with France
dn the ground of the treaty. Commencing a war upon
such a ground would not only confirm the independ
ency of America, but put an end to all hopes of recon
ciliation with her on any terms."
The Duke of Grafton said — " The crisis is such as The duke
justifies the interference of every honest citizen who ° r ton'
has any stake to lose. The public are intimately con
cerned in the event of the present measures. Every
thing dear to them, as men, or citizens, was committed.
The consequence of these measures would decide
whether they were to possess their, liberties and prop
erties. I would ask the most zealous supporters of the

762 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American present administration if there is the most distant pros-
encyPind' Pect °^ anv one measure succeeding in their hands ?
Great Ministers were indeed honest enough not to pretend it.
1777-82. They have, in this instance, given one proof of their
modesty and candor, they are silent. Are you able to
Debate on conquer or conciliate America ? Are you able to defend
House of *^e several dependencies of the British empire ? Are
Lords, you more than a match for France and Spain in the
1778. ' European seas ? Have you one ally on the continent
of Europe ? The answers to all- this, are reducible to
a tacit no. They virtually reply, no, because they de-
pline to answer."
The duke The Duke of Richmond again rose and said — " The
r_on_C * very idea of forcing America back to subjection, and
scouts the conquering the thirteen provinces, is so absurd that
subduing the eyes of all Europe have been provoked to regard
Apriin°a' *^e attempt as impossible. To carry on a war at such
1778. a distance as America is situated from Britain, to trans
port an army of forty thousand men across so extensive
a sea as the Atlantic, and to suppose it possible to
victual that army by sending it provisions from Europe,
is considered altogether a project unparalleled in his
tory, and so improbable to be successfully practiced,
that every nation in the least conversant with the art
of war, confesses its admiration of the lunatic scheme.
I beg your lordships to consider, that the acts of mad
men create admiration as well as the acts of the sensi
ble. It is as natural to wonder that any man should
dare attempt what was highly probable to end in his
ruin, as it is to be surprised at those bold efforts which
nothing but the most solid judgment and the most seri
ous wisdom could dictate. I have joined in the admi
ration confessed by all the world, and finding (as I
'have with others supposed) that the attempt to conquer
Moves an America will fail, I have thought it necessary to move
the^rown. an inquiry into the state of the nation, that your lord
ships might, if it were possible, adopt such measures

THE UNITED STATES OF AMERICA. 763
UNDER THE CONFEDERATION. PART IV.
as are likely to avert the ruin which threatens the king- American
dom, on account of the war with America. encyPind"
Tlie Duke concluded, by moving an address to the Great
crown, which address he read to the house, then in 1777-82.
committee of the whole on the state of the nation.
The address enters fully into the condition of affairs, Debate on
and proceeds jto say, " from this view of things we HoJsTof
are led to conclude, that if the whole force' in North Lords,April,
America, (which for these last two years has been so 177s.
greatly superior to what there seems to be any possi
bility of making it in the course Of this year), has made
so little impression towards the reduction of the prov
inces by arms, at a time when they were very deficient
in military preparations of all sorts ; had neither money,
arms, ammunition, magazines, clothing, discipline or
government ; when the assistance they might receive
from foreign nations was far less than it has been since, The duke
and is likely to be in future, by the avowed part which of m^-
France has taken ; it is not reasonable to suppose that motion for
they may now be reduced by a force, which we cannot ™ ttedreM
make even equal to that which has failed under circum- crown.
stances in every respect more favorable.
" That we conceive this impossibility not to have
•arisen from the accidents of this war,Nbut to result from
the very course of nature ; to be the necessary conse
quence of an attempt to reduce to servitude a numer
ous people, united in the defence of their liberties, in a
distant, extensive, and strong country.
" That we conceive that his majesty, and the parlia
ment, could not have been induced to prosecute so fatal
a war, but from the misled information they received
of the disposition of the people in America ; of their
disunion ; and of the possibility of reducing them by
force of arms, to unconditional submission, and to the
acknowledgment of the supreme authority of parlia
ment, before a complaint even of just grievances sjhould
be listened to. ,
" That it was the peculiar duty of his majesty's min-

764 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American isters, to procure correct information on matters of such
1°de??"d" high importance, and to have laid the whole of such
Great information before his majesty, and before parliament,
i7r77-82. previous to tlieir proposing such ' steps as have led us
Debate on into our present calamitous situation.
HousTof " T hat we cannot but lament, that when propositions
Lords, 0f a similar nature to those lately, proposed and
1778.' enacted, were three years ago repeatedly offered to
The duke parliament, in both houses, his majesty's ministers, the
of Rich- , - . . .,
mond's very men who now have advised greater concessions,
m0tldd f°r ^> uPon delusive arguments and false representations,
to the prevail on parliament to reject those propositions, at a
crown. ^.jme wnen t\iej would probably have been successful,
and might have prevented the prodigal, and, we fear,
fruitless waste of so much treasure, and the still more
to be lamented effusion of so much blood.
Advises a " That under these circumstances, we can give his
withdrawal majesty no other advice, than instantly to withdraw his
from fleets and armies from the thirteen revolted provinces,
enca" where they are decaying and wasting, where they sub
sist with difficulty, cost immense sums of money, can
answer no good purpose, particularly at this time, when
they are much wanted for our security at home ; to
effectuate conciliation with the colonies on such terms-
as may preserve their good-will, on the preservation of
which the future greatness of this nation may in a great
measure depend."
Lord Chat- The Earl of Chatham, who had been for a long time
ham on kept from the national councils by infirmity and sick-
foranad- ness, impelled by the importance of the occasion, had
th^rown come mt° parliament and was present during this de
bate, and when this motion was made : William Pitt,
the earl of Chatham, was one of the most powerful
exponents and eloquent defenders of constitutional
freedom that ever adorned the legislative annals of any
nation. He was always the friend of America, and
early espoused the cause of the colonies as an act of
justice to them as well as fidelity to the British consti-

THE UNITED STATES OF AMERICA. 765
UNDER THE CONFEDERATION. PART IV.
tution: He never tolerated the idea of their inde- American'
pendency, but he now saw, with evidently deep solici- \ndepe?'
tude, everything tending towards that result: He Great
came forward therefore not as the foe of America, nor 1777-8..
yet as the apologist or defender of ministerial meas
ures, but in pure, patriotic, love and pride for that great Debate on
kingdom, whose greatness had been, in a large meas- Houwe 0f
ure, the fruit of his own labors, and had always filled Lords,
his ambition and his heart. 1778.'
His lordship began by lamenting that his bodily in
firmities had so long, and especially at so important a
crisis, prevented his attendance on the. duties of par
liament. He declared that he had made au effort
almost beyond the powers of his constitution to come
down to the house on this day, (perhaps the last time
he should ever be able to enter its walls,) to express
the indignation he felt at an idea which he understood The Earl
had gone forth, of yielding up the sovereignty ofhamonthe
America ! motion for
an address
" My lords," he continued, " I rejoice that the grave to the
has not closed upon me ; that I am still alive to lift up orcwn-
my voice against the dismemberment of. this ancient
and most noble monarchy ! Pressed down as I am by
the hand of infirmity, I am little able to assist my
country in this most perilous conjuncture : But, my
lords, while I have sense and memory, I will never con
sent to deprive the royal offspring of the house of
Brunswick, the heirs of the princess Sophia, of their
fairest inheritance. Where is the man that will dare
to advise such a measure ? My lords, his majesty suc
ceeded to an empire as great in extent as its reputation
was unsullied : Shall we tarnish the lustre of this na
tion by an ignominious surrender of its rights and fair
est possessions? Shall this great kingdom, that has
survived whole and entire the Danish depredations, the
Scottish inroads, and the Norman conquest ; that has
stood the threatened invasion of the Spanish Armada,
now fall prostrate before the House of Bourbon ?

766 THE GOVERNMENTAL HISTORY OF
Part IV the permanent union
American Surely, my lords, this nation is no longer what it was !
"dencyTn Shall a people that seventeen years ago was the terror
Great of the world, now stoop so low as to tell its ancient
1775-82. inveterate enemy, take all we have only give us peace ?
It is impossible !
Debate on " I wage war with no man, or set of men. I wish
House of for none of their employments ; nor would I co-operate
Lords, W^Q men ^Q g^ju persi_t in unretracted error ; or who
1778.' instead of acting on a firm, decisive line of conduct,
halt between two opinions where there is no middle
path. In God's name, if it is absolutely necessary to
The Earl declare either for peace or war, and the former, cannot
ham onthe De preserved with honor, why is not the latter com
motion for menced without hesitation ? I am not, I confess, well
an address . *,•-,•-, T
to the informed ot the resources of this kingdom ; but I trust
crown. j£ jjas stiH sufficient to maintain its just rights, though
I know them not. But, my lords, any state is better
than despair. Let us at least make one effort ; and if
we must fall, let us fall like men ! "
Here his lordship sat down considerably exhausted.
Earl Temple said to him, "You forgot to mention
what we talked of; shall I get up?" Lord Chatham
replied, "no, no, I will do it by and by."
The Duke Tlie Duke of Richmond answered the noble earl, and
mond in spoke of the absurdity of expecting success in Amer-
LOTdChat-*ca' an<^ exPressed his anxiety to retain the Ameri-
ham. cans as allies, " because," he said, " if they are not on
terms of friendship with us, they must necessarily
throw themselves into the arms of France. And if
we go to war with France on account of the late treaty,
the colonies will look upon themselves as bound in
honor to assist her."
Lord Chat- The Earl of Cliatham, deeply moved, again endeav-
The debate ored to rise to reply, but after two or three unsuccess-
v * °\& y ^ attempts to stand up he fell down on his seat in a
illness, swoon, and was immediately assisted by the Duke of
April 7th. c^TOj_r_aw^? an<_ the Earls Temple, Stamrord, and oth
ers. He was removed thence into the prince's chain-

THE UNITED STATES OF AMERICA. 767
UNDER THE CONFEDERATION. PART IV.
ber, and Dr Brocklesby, who happened to be near, im- American
mediately attended upon him. This was his last ap- d°d^,e^
pearance in parliament ; it was his last illness. The Great
house immediately adjourned to the next day, andi777_8'2-
before the debate on this question ended the Earl qf * See j.
™ ,, , ut Debrett's
Chatham was no more ! * Parlia-
This patriotic speech of Lord Chatham, and the sol- Den.tatry
emn and thrilling scene which closed his efforts, pro- 1778.
duced a powerful impression upon the house, and
defeated the motion and address to the crown proposed
by the Duke of Richmond.
The debate was opened again in connection with the Debate on
subject of the French Alliance, in the House of Com- House of
mons, at the next meeting of parliament. His majesty S-°™m1<SS
inaugurated the session with a speech from the throne,
in which he alluded to the critical conjuncture which
prompted him to call them together ; • the extraordinary Speech of
and unwarrantable interference of France " by the clan-*6^1™8
destine supply of arms and other aid to the revolted opening of
provinces in America; by avowing openly their sup-men_.
port, and entering into formal engagements with the
leaders of the rebellion ; and at length, by committing
open hostilities and depredations on our faithful sub
jects in America and the West Indies ; " while he also
informed them that " the conciliatory measures, planned
by the wisdom and temper of parliament " had not ter
minated the troubles in America.
The Hon. Mr. Grenville moved an " address of Mr. Gren-
thanks to his majesty for his most gracious speech from aon'of"0"
the throne ; to acknowledge his majesty's paternal thanks to
regard for the happiness of his people, in his earnest jesty.
and uniform endeavors to preserve the public tranquil
lity," regretting that the measures taken had failed of
accomplishing the desired result, and assuring his maj
esty of " the hearty co-operation and concurrence of his
faithful Commons." Mr. J. Campbell seconded the mo- seconded
tion, saying " that the conduct of Ameriea had madebyMr- J-
rigorous measures necessary and unavoidable, and that a™P

768 THE GOVERNMENTAL HISTORY OP
Part IV. the permanent union.
American however different opinions may have been respecting
dency in America, yet respecting France there could be but one
Britain, °Pini0n-
1777-82. Right Hon. T. TownshendsaAdhe objected to the words,
'the earnest endeavors to maintain the public tran-
the motion quillity.' He declared that those who began this war with
t f th anks America were the disturbers of the public tranquillity ;
king. and he moved to amend by stating in the- proposed ad-
Commons dress, " that we think it one of our most important duties
Nov. 1778. in the present melancholy posture of affairs, to inquire
Towns- ty wna,t fatal councils, or unhappy system of policy, this
hend. country has been reduced from that splendid situation,
which in the early part of his majesty's reign made her
the envy of all Europe, to such a dangerous state as
that which has of late called forth our utmost exer
tions without any adequate benefit."
Mr. Fox on ___>. Fox seconded the amendment, and after se-
the amend- , ...
ment to verely arraigning the conduct and measures of the
ofXnkg11 ministry, exclaimed— "Good God! Sir, are these the
hands into which you will trust the fate of your em
pire ? Who can listen to such facts without indigna
tion and contempt of such a ministry? And what
man will join in an address to keep ministers in office
who are capable of such mismanagement, and such
plans of operation for war ?
" You have now two wars before you, of which you
must choose one, for both you cannot support: The
war against America has been hitherto carried on
against her alone, unassisted by any ally whatever:
Notwithstanding she stood alone, you have been obliged
uniformly to increase your exertions, and to push your
efforts in the end to the extent of your power, without
being able to- bring it to any issue: You have exerted
all your force hitherto without effect, and you cannot
now divide a force found already inadequate to its
Favors object: My opinion is for withdrawing your forces
ing th™ from America entirely, for a defensive war you never
troops. can think of there, of any sort: A defensive war

THE UNITED STATES OP AMERICA. 76&
UNDER THE CONFEDERATION. PART IV,
would ruin this nation at any time and in any circum- American
stances: Offensive war is pointed out as proper forency^n "
this country ; our situation points it out ; and the spirit Great
of the nation impels us to attack rather than defence : 1777-82.
Attack France then, for she is your object. The nature
of the wars is quite different. The war against America Debat
is against your own countrymen; you have estopped the war,
me from saying your fellow-subjects. That against commons
France, is against your inveterate enemy and rival. Nov., 1778;
Every blow you strike in America is against yourselves ;
it is against all idea of reconciliation ; and against your
own interest, though you should be able, as you never
will, to force them to submit. America must be con
quered in France, France never can be conquered in thg m^i_°
America. of thanks
"The war of the Americans is a war of passion; it majesty.
is of such a nature as to be supported by the most pow
erful virtues, love of liberty and of their country ; and
at the same time by those passions in the human heart
which give courage, strength, and perseverance to man.
The spirit of revenge, for the injuries you have done
them; retaliation, for the hardships inflicted on them;
and of opposition to the unjust powers you would have
exercised over them; everything combines to animate
them to this war: And such a war is without end; for
whatever obstinacy enthusiasm ever inspired man with,
you will now find it in America. No matter what gives
birth to that enthusiasm, whether the name of religion
or of liberty, the effects are the same. It inspires a
spirit that is unconquerable, and solicitous to undergo
difficulty, danger, and hardship : And as long as there
is a man in America, a being formed such as we are,
you will have him present himself against you in the
field. The war of France is another sort ; the war of Urges a >
France is a war of interest ; it was her interest that Z3"* Wlth
first induced her to engage in it ; and it is by that inter
est that she will measure its continuance. Turn your
face at once against her; attack her wherever she is
49

770 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American exposed ; crush her commerce wherever you can ; make
ency?" " ner ^ee^ heavy and immediate distress throughout the
Great nation; the people will soon cry out to their govern-
1777-82. ment." Lord George Gordon said ; " Sir, many compliments
D , cannot in reason be expected from the friends of liberty
the war, on this side of the house, to that king under whose
Commons government the court of Great Britain has been ren-
Nov.,1778. dered contemptible in the eyes of France; and the
friendship, and commerce, and assistance of America
Lord cut off, perhaps forever, from his subjects. Will his
George Commons congratulate him on his drawn battle at sea?
Gordon on ° ...
the motion Will they congratulate him on his retreat by land ?
tohisnkS Wil1 theJ compliment him on the third year of the
majesty, independence of the United States ? Will they thank
him for the honors and emoluments he has heaped upon
his favorites during the course of the summer? Par
ticularly on the noble lord with the blue ribband {[Lord
North,~) the ostensible minister at the dismemberment
of the empire ? Will gentlemen rejoice and be glad at
this fresh proof his majesty has given us in his speech,
of his gracious intention to carry on the war in America ?
Will they declare their readiness to impose more taxes
on their constituents? And will they answer to his
majesty for the people paying them without a revolt at
home ?
"I mention the possibility of a revolt at home, be
cause our constituents have borne much already, they
Burdens of have been patient and long-suffering. They have felt a
t e war. grao^uai imposition of taxes, till they have become an
intolerable oppression. They have seen the revenues
of the kingdom lavished in pensions to the most excep
tional characters. They have seen their trade with
America cut off, and they have had a successful exam
ple of their fellow-subjects revolting from the expen
sive government of England, to the protection of a
wise and virtuous congress.
"Much has been said, sir, of his majesty's counsellors.

THE UNITED STATES OF AMERICA. 771
under the confederation. Part IV.
I have opposed them in parliament with great constancy American
and firmness, and entertain as bad an opinion of their encyPin "
public capacity as any gentleman on this side of the Great
house does. But they are his majesty's chosen servants, 1777-82.
whom he has been collecting from the different parties
ever since his accession. Men, I presume, after his own
heart. They proceeded with the war in the colonies the war,
according to his wishes, and America is now nearly lost commons
to Great Britain. Their unhappy misconduct has ren-N°v.,i778.
dered them contemptible to many of their fellow-sub
jects; and they have now little to depend on but his Lord
majesty's favor and firmness : Yet, Sir, I see no pros- George
pect of a real change, for I don't believe his majesty the motion
will be guilty of the ingratitude to abandon (at this °£ *aailks
crisis) his obedient servants, in their distress ; and I do majesty.
not hear, or know, that the people are about to choose
a congress, or proclaim a protector.
"The times, in my opinion, call aloud for a strong
remonstrance to the king, setting forth our unparalleled
grievances under his majesty's government. When the
people show an inclination to demand redress, I will
accompany them with the greatest pleasure ; but I will
not be seen complimenting, when we should be calling
fo account."
Sir John Wrottesley asked, " if the house was called Sir John
upon for unanimity against France ? If it was for a on™^88 ey
war with America, I cannot give my approbation to motion of
it. All that could be done, has been done. If fifty his ma-
thousand Eussians were sent, they could do nothing. Jesty- .
I would garrison New York, Rhode Island, and Halifax,
and bring home the rest of the army."
The Hon. James Luttrell said ; " I will not agree to The Hon.
treat the independency of America as a new considera-^™^™*'
tion ; for, I contend, that few men in England doubted pedes the.
that independency, when it was known that France had encyof "
signed the treaty. We grasped at anything that talked America,
of peace, but all knew the conciliatory terms were
offered too late. All feel the mischief is done, and past

772 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American recalling. As to ministers who lost America, it was
e'ncy in then and is now a time for impeachment. As to meas-
Great nres, it ought then and ought now to be the question,
1777-82. whether America is stronger' or weaker than when she
defeated you ? Whether our resources are greater or
Debate on ^ess'' Whether the object contended for is worth the
the war, Arast price we set upon it ? In short, whether to gratify
Commons an inhuman revenge upon America we shall suffer the
Nov., 1778. ministers to ruin Great Britain ?
"I think that the present ministry, if continued in
power, will lead the nation into such immense expense,
and blunder the operations of war into so many defeats
and disgraces, that France, Spain, and America, may
dictate what terms they please to Great Britain, while
bankruptcy, mourning, and despair, fill the streets with
cries for any peace whatsoever. I shall therefore vote
for the amendment."
Mr. Wilkes Mr. Wilkes said ; " The present conjuncture, sir,
peace with miIst indeed be allowed to be most critical, and peace
America. js not only desirable now, as at all times, but at the
present period appears of absolute necessity to save this
convulsed state from impending ruin. Thus far, I
believe, a real unanimity prevails, but let me proceed.
It is asked by several gentlemen, how is peace now to
be obtained ? Can any man point out a mode of restor
ing to us that blessing ? I will hazard, sir, an opinion,
of which my own mind is fully convinced. The meas
ure appears to me the only possible way of salvation to
this country in the present dreadful dilemma: A di
lemma into which we have been precipitated by minis
ters whose conduct calls for the strictest inquiry ; and
the forfeit of whose heads, if the guilt lies at their door,
can be but poor amends to a ruined nation. The pro
position is indeed most humiliating, but if founded in
necessity, the consequent disgrace is solely to be attrib-
Proposes ..___, , - , .
the recog- uted to those who created that necessity. I believe the
theiHndc- acknowledgment ofthe independency of the revolted colo-
pendence. nies is the only measure which can re-establish the pub-

THE UNITED STATES OF AMERICA. 773
UNDER THE CONFEDERATION. PART IV.
lie tranquillity. I sincerely think it would, both with American
America and France; and probably prevent a future encyPin "
Spanish war. It would at this moment perhaps shut Great
the temple of Janus. 1777-82.
" From the tyranny and mad conduct of an incapa- Debate on
ble and wicked administration, it is become the measure n^^f
of a fatal necessitv ; if we are in earnest to preserve Commons,
• - a c -4. i - • -e t , Not.,1778.
m any degree of prosperity what remains; irwe would
save our country from the brink of ruin ; if we seek Mr. Wilkes '
to avoid absolute beggary and bankruptcy. An uni- J^1-^ of
versal discontent now prevails. The people have no thanks to
confidence in administration. They are detested byesty# J
the nation, and therefore continued in power. We
sigh over -American affairs, and all parties agree in
lamenting that so little has been done by our fleets
against France, after such an amazing expenditure of
the public money on the navy.
"The honorable gentleman, Sir, who moved the Thinks in-
address, told us, that the Americans were determined 0y^_g J^"
to separate their rights from ours, to dissolve all con- source of
nections between us. The fact is truly stated. They
no longer consider themselves as embarked with us on
board the sinking vessel of this state. They avoid us
as a tyrannical, unprincipled, rapacious, and ruined
nation. Their only fear is, that the luxury and profli
gacy of this country should gain their people. It was
a long patience and forbearance they practiced before
the idea of being severed from the mother country
gained ground among the Americans. They were
driven into it by our injustice and violence. Repeated
violations of their rights, accumulated injuries, wanton
insults, and cruelties shocking to human nature, have
brought about this wonderful revolution.
•" Now it appears to me an impossibility to bring back Forbear-
the Americans to any dependence on this kingdom. ^erican6
Their first steps were marked by temper and modera- people.
tion. They made the most humble and dutiful sup
plications, to the throne, but at last were told that no

774 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American answer would be given. From that moment their
eneyPind" mmds were totally alienated. At the beginning of
Great their justifiable resistance they were not iri the least
1778-82. terrified scevi formidine Martis, when only peaceful
Debate on inhabitants of the country, or of open towns and vil-
HousTof lages. Since the declaration of independence, firmness
Commons, and vigor have governed all the councils of the con-
gress. That declaration was made at a moment which
Mr. Wilkes proved them strangers to fear, and in their idea supe-
on the rjor ^0 aii ^ne efforts 0f which we were capable. It
motion ot . . •
thanks to was in July, 1776, immediately after the safe arrival
jestyT' °f the whole fleet of transports, victualers, and store-
ships, without any loss or separation ; and after his
majesty's troops, under the command of General
Howe, had been landed upon Staten Island without
any opposition or interruption, as we were informed by
our own gazette.
Firmness "From that fatal era, has the Congress, or any one
congress of the thirteen United States, discovered the faintest
and states. wisn 0f returning to the obedience of our sovereign ?
No man will be bold enough to assert it. On the con
trary, the Americans have increased in their hatred of
us, and aversion from the yoke of bondage wliich we
were preparing for them, since we have brought into
the quarrel the mercenaries of Germany, and the sav
ages of America, since plunder and cruelty have marked
the progress of the royal army and its allies.
The " What is their present situation ? A powerful ally
aUiance has declared in their favor. The French declaration
goes much beyond what gentlemen seem to apprehend.
It is mentioned here only as acknowledging their inde
pendence, whereas the preliminaries announced at
Paris on the sixteenth day of December, to the Amer
ican Commissioners, by Monsieur Gerard, in the name
of his Most Christian Majesty, asserted that he would
support their independence by every means in his
power. After this, are we in earnest when we affirm
that there is any probability of their returning to our

THE UNITED STATES OF AMERICA. 775
UNDER THE CONFEDERATION. PART IV.
obedience, to unconditional submission, or to any sub- American
mission? It is an object of belief too gross for the ir^i^'
fondest credulity, for ignorance made drunk. Great
"If before the capitulation at Saratoga they rejected 1777-82.
all our specious offers, are any offers now likely to be
accepted ? Or can they be compelled ? Will another Debate on
British army ever attempt to march from Montreal to House of
Albany? Will the batteries on Sullivan's Island be^™01*'
again attacked? Will Sir Peter Parker ever again
judge it advisable to make an attempt upon Charles
Town, South Carolina? Will he promise that, if the
troops can co-operate in the attack, his majesty will
again be in possession of Sullivan's Island ? Will any Mr. Wilkes
English general command in America an army better on j*e
disciplined, better appointed, than Sir William Howe's ? thanks
A series of four years of defeats and disgraces are surely ^^iY
sufficient to convince us of the absolute impossibility
of conquering America by force, and I fear the gentle
means of persuasion have equally failed. We have
therefore only the dernier resort of parting with our
old friends, who can no longer be compelled or per
suaded to stay. Policy surely warns us not to do it in
a manner to force them into the schemes of our ancient
enemies to weaken, perhaps ruin, the mother country.
To me it appears equally unavailing and indecent to Separation
bring a railing accusation against the old foe of this m™void-
kingdom, to talk of ' the malignant designs of France.'
The conduct of our ministers, Sir, has affected the
separation of America. She never will return, nor are
you equal to coercive measures."
The debate was continued by Lord North and Question
others, in defence of Administration, and was closed Amotion
by Mr. T. Townshend in a short reply, in which he of thanks.
attempted to answer the several objections made to his
motion. The house now grew clamorous for the ques
tion, which being put at half after two o'clock in the bret?sPar-
morning, the house divided, and the amendment was liamentary
lost : For the amendment, 107 ; against it, 226."* The Vo|1S44.r"
motion of thanks as originally made, was passed.

776 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American Although he did not defend or justify the conduct
^P?,!1 d" or measures of administration, yet the fact that the last
ency m 7 ^
Great great public effort of the late Earl of Chatham was made
1777-82. hi opposition to the independency of America, added
Effect of greatly to the strength of the ministerial party in par
ti)0 Ead of liament. This, and the argument drawn from the
Chathamsopposition delay which attended the ratification of the articles of
ca,iHnde-" confederation, proposed by the congress to the colonies,
pendency, still secured to ministry the confidence of the king.
To prevent the federal alliance, therefore, as I have
already had occasion to observe, was now the main
hope and the chief aim of the ministry. It was a
plausible scheme, and well devised to soothe the ear
The minis- of majesty, as well as to captivate the popular hope.
federal al- For if the union of the colonies were once dissolved,
hance in ^he alliance with France was broken up, and the tri-
Amenca. r '
umph of the crown over both would be certain. Hence
it was, that every step in the progress of the confeder
ation was watched with peculiar solicitude ; every arti
fice was resorted to by emissaries, hirelings, and pen
sioned agents of the ministry in America, to defeat its
adoption by the provincial legislatures, and its ratifica
tion by their delegates in the congress.
Its consideration here had already been so protracted
and various that the permanency of the union itself
seemed to be more in doubt than the issue of the war:
And although the reverses sustained by the royal army,
before the combined forces of France and America,
favored the cause of our independency with the people
and Commons in England, the ministry still clung to
the persuasion that the states would never combine
under the proposed federal alliance.
But the articles of confederation having been fully
ratified, and their permanent union being now accom
plished, there was nothing of hope from this source. It
was thenceforth clearly and distinctly understood, that
the result of the controversy depended entirely on the
success of arms.

THE UNITED STATES OF AMERICA. 777
UNDER THE CONFEDERATION. PART IV.
I have already noted the growing sentiment of hos- American
tility in both houses of parliament to the further prose- encyPin "
cution of the war in America: It continued to increase Great
.,. . , . . Britain,
from year to year till it reached a culminating point in 1777-82.
1781, when it came into parliament with a larger oppo
sition to, and a more general and severe denunciation
of, the ministry. On the twenty-seventh day of Novem- Opening of
ber in this year, the king opened the session with an ^enLNov.
address, in which he took occasion to say — "No en-session.
deavors have been wanting on ,my part, to extinguish
that spirit of rebellion which our enemies have found The King's
means to foment and maintain in the colonies ; and to address-
restore to my deluded subjects in America, that happy
and prosperous condition wliich they formerly derived
from a due obedience to the laws ; but the late misfor
tune* in that quarter, calls loudly for your firm con-* Defeat of
currence and assistance to frustrate the designs of our army°mal
enemies, equally prejudicial to the real interests of America.
America and to those of Great Britain." See p- m
Lord Southampton, as soon as the king was gone, rose
and made a few brief remarks, and concluded them by
moving, "that an humble address, &c, be made to his
majesty"; which was seconded by Lord Walsingham,
who entered pretty fully into the state of the country,
and justified the mea-sures which led to it, somewhat in
detail. He was answered by Lord Wycomb, Earl of
Shelburne, who began by saying :
"I am not surprised by the opinions and sentiments The Earl
expressed ' by the two noble lords who have moved and °f Shel"
. burne on
seconded the motion for an address ; nor am I surprised the motion
at the language we have this day listened to from the addrae°a to
throne. I can easily account for a prince, possessed of the king-
a valorous and generous mind, gathering firmness from
misfortune, and assuming an air of dignity and deter
mination in the moment when calamity pressed hard
upon him and his people. I can easily account to my
self, why his majesty, who had seen his empire at its
acme, at a pitch of glory and splendor perfectly aston-

778

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

American ishing and dazzling, tumbled down to disgrace and ruin,
independency in
GreatBritain. 1777-82.

Debate on
the war.
House of
Lords,Nov. ses
sion, 1781.

with a degree of precipitation which no previous history
could parallel, should rise in greatness of mind supe
rior to the dreadful situation of his affairs. As little
am I surprised that ministers should take advantage Of
the noble sentiments of their monarch, and contrive
and fabricate such a speech as should best suit to flatter
his personal feelings. But it is to be remembered that
those ministers had never governed long for the peo
ple's advantage in any country, who had not fortitude
enough to resist and withstand the mere impulse of
their master's sentiments, when the real state of the

the king.

Prosecution of the
war impos
sible.

The Earl
ofShel-
the motion empire called for a plain, sincere, undisguised represent-
f<_\an . atidn of its condition; and honestly tell him what
address to 7 ...
really was or was not advisable, or likely to retrieve his
affairs, and bring them back again in some tolerable
degree to the happy and prosperous condition in which
they so lately stood.
"The speech and the address talk of prosecuting the
war; how is it possible? Where are the resources?
With regard to men and money, to say nothing of the
conduct of the admiralty, and of the army and navy,
where are they to be had? With regard to allies,
where are we to look for them? There is one power
indeed in Europe, the amiableness and greatness of
character of whose sovereign, as well as his immense
resources, added to his great predilection for this coun
try, pointed him out as the only power that could inter
fere to our advantage, but to my certain knowledge the
prince to whom I allude, regards the present war as a
mad and desperate war for Great Britain to have un
dertaken and engaged in.
" This ill-fated war commenced in 1775 : No money
was borrowed that year because ministers were fearful
of alarming parliament and the nation with the pros
pect of any additional expense. Blows began, and the
fields of Lexington and Bunker's hill were the first wit-

Forlorn condition
of Eng
land.

Commencement of
the war.

THE UNITED STATES OF AMERICA. 779
UNDER THE CONFEDERATION. PART IV.
nesses to the deplorable sight of Englishmen and fol- American
low-subjects shedding each other's blood. ency in
"The campaign of 1776, commenced with the evacu- G™^
ation of Boston, and terminated with the affair at Tren- 1777-82.
ton. That year we borrowed two millions. Th.e ca™'
^ paign ot
" That of 1777 was distinguished chiefly by the capture 1776.
of Philadelphia, and defeating the Americans in two 0f 1W-
pitched battles; but how was it wound up? By the
capture, or loss, of five thousand of our finest veteran
troops, commanded by General Burgoyne. That year"
we borrowed five millions.
" The campaign of 1778, opened a new scene in The cam-
Europe and America. France declared against us. KLggu of
America was, by that means, forever separated from the
.parent state. Philadelphia and Rhode Island were
abandoned or evacuated : And the debt incurred that
year was seven millions.
"The campaign of 1779, in America, was various, The cam-
and rather successful, but exhibited nothing decisive. _^u
Wo gained ground in the southern provinces, but were
unequal to the making any attempt in the northern or
middle colonies, where only the resistance was or could
be formidable. This year produced another powerful
enemy in Spain, who declared against us; and this year
we borrowed ten millions.
"The campaign of 1780, was ushered in with the The cam-
capture of Charles-Town, and was followed by some l^11 of
signal advantages gained in the interior country; but
it ended unfavorably, with the total loss of a very valu
able corps under Colonel Ferguson ; and that year we
borrowed twelve millions.
"It would be taking up too much of your lordships' The cam-
time to particularize the transactions of the year 1781. P^Sf1 of
It is sufficient to observe, that the campaigns ended
with the capture of seven thousand of the best veteran
troops in Europe and their gallant commander, and See p. 782.
that we have scarcely a foot of ground in America
which we can with confidence call our own : And that,

780 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American this year, as the last, we added twelve millions more to
ency in the national debt.
Great « Tne question of continuing the American war, my
1777-82. lords, is a most weighty one, and a question which ought
not, by any means, to be hastily decided upon: In
the war. order, therefore, to give due time for considering it
L°ris °f w*^n Pr0Per attention, I have drawn up a motion which
Nov. ses- I will read. — " To leave out all the address, after the
slon' ' second paragraph, and insert these words ; ' And we
The Eari will, without delay, apply ourselves with united hearts,
burne's" *° ProRose an(^ digest such councils, to be laid at his
amend- royal feet, as may excite the efforts, point the arms, and
command the confidence, of all his subjects.'
The Duke The Duke of Richmond said, "I agree in almost
f Tt' \ so
mondon cvory argument and position of my noble friend. I
the amend- applaud the proposition of the noble Earl. It is our
ment and ,
motion duty to suggest salutary advice to the crown, and to
addr". stand up as assertors of the rights of the people : But
I think there is little prospect of giving that advice
with any effect, unless the original principles of the
constitution are restored, and particularly the people
have a real representation in the other house of parlia
ment: At present scarcely a seventh part ofthe people
are represented, while all the remainder have no con
cern whatever, either virtually or individually, in the
management of their own affairs, which your lordships
well know the constitution of this country, as originally
framed, gave them a right to have. My wish would be
Advises a to change the system of the war ; to carry it on defen-
system.°f sively and not offensively. The great error has been,
that we have acted upon the offensive without the power
to do so with any effect. By changing it to a defensive
war we might recover, and by and by be able to act on
defensive the offensive : And by a defensive war I mean to advise .
war, and a war ty sea^ _0 strengthen our navy, the natural secu-
draw the rity of the kingdom, and to lessen the army. I advise
from8 *ne withdrawing of the troops from America, and
America, strengthening the West India Islands. If the Ameri-

THE UNITED STATES OP AMERICA. 781
UNDER THE CONFEDERATION. PART IV.
cans are left to themselves, there is the greatest prob- American
ability that a reconciliation might, in time, be effected. encyTn '
By prosecuting the war we only increase their animosity Great
against us, and rivet the bonds of their alliance with 1777-82.
the French more strongly.
Tlie Earl of Abingdon said; "The American war The Earl
was conceived in folly, tyranny, servility and corrup- °ion onn^e
tion, and must terminate in national ruin and disgrace, motion for
an address.
The Americans are Englishmen, and are of course en
titled to participate in all the rights of Englishmen, the
dearest and most valuable of which is, that of dispos
ing of their own money. That unquestionable claim The war
is expressly denied, or it is attempted to be explained tion_
away, by all the bar subtleties and trammeled abilities
of Westminster Hall in both houses.
"On the other hand, if the political connection is He con- _
denied, if they are to be regarded as slaves, not sub- in_epea_.
jects, surely they are men entitled to all the rights and en°y-
privileges of human nature. Upon this principle the
people of America resisted. They legislated when they
found themselves deprived of the rights of citizens, and
in so doing they acted with equal wisdom and resolu
tion ; and are, in my opinion, so far as regards justice
and prudence, founded originally in necessity, a distinct
and independent state, and as much so as any other
in Europe or elsewhere."
The Duke of Grafton said ; "The original blunder, The Duke
and the source of all our subsequent misfortunes, arose °J|^ft™_
merely from the obstinacy of administration towards tion for an
the conclusion of the year 1775. Though two warm
encounters had taken place in New England, nothing
more had been contended for by the people of America
than an exclusive right to tax themselves. The people Taxation
are, 111 other respects, firmly attached by sentiment and 0feth"w_r.
interest to the British government. Mr. Penn, who
had lately presided as governor of Pennsylvania, was
called to this bar * and underwent a very long exam- * Sec ante>
page 603.
iiiation, the result of which was, that the people of

782 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American America, from one end to the other, as far as he could
'"d®p?°d" learn — and he had his information from the congress
Great delegates at the time assembled at Philadelphia, where
sision| he was actually informed by his own knowledge, — ' that
1'7'7'7- ninety thousand and a fraction out of an hundred were
ftewar011 eager to settle matters amicably with Great Britain,
house of provided they had full satisfaction on the point of taxa-
lords Nov
session, tion. Indeed, he might add, that he never heard of but
1781- two in all America who entertained a different opinion,
and one of those was a madman, and the other an
idiot.'
The Duke " Ministers treated this important information with
on tn™ino° disregard, and proceeded to the enacting proscriptive
tion for an and prohibitory laws ; which gave us the American vote
of independence the following August, and a treaty
Urees a w^th France in about eighteen months after. In my
change of opinion, no measures, however well conceived or di-
mims ry. ggg^gij^ could succeed in the hands of the present minis
ters. Men must be changed as well as measures."
Amend- ^ne question on the amendment being put, was lost,
ment lost, and the vote on the original motion for the address
motion being taken, it was carried. The Earls Richmond, Fiz-
camed william and Rockingham, "Dissentient — For reasons
Nov. 27th. . - ,
too often urged in vain for these last seven years, against
Dissenti- the ruinous prosecution of the American war, carrying
their rea- on ty n*s majesty's ministers against the people of North
sons. America ; and too fatally confirmed by repeated expe
rience, and the late disgraceful loss of a second army ;
to stand in need of repetition."

Defeat of The defeat of the British army under Earl Corn-
amy!™ 1S wallis, commander-in-chief of the royal forces in
America, and the capitulation* wliich followed it, ter
minated the prosecution of the. war, brought about the
defeat of the ministry, and settled the question of the
recognition of the independence of the United States
19th °^ America, m the councils of Great Britain. This
i78i! ' result was foreshadowed in the proceedings in the House

THE UNITED STATES OF AMERICA. 783
_ UNDER THE CONFEDERATION. PART IV.
of Lords, in the session of Nov., 1781, to which I have American*
already sufficiently adverted. The subject was partially enoyP__'d"
debated early in February, of the next year, on a motion Great
made by the Duke of Chandos, "That a committee of the 1777-82.
whole House be appointed on Monday next, to inquire debate on
into the causes of the calamitous loss of the army com- 0f Lord
manded by Lieutenant General Earl Cornwallis, and g"™™^8'
made prisoners, by the United States of America and Lords,
the troops of France, at York-Town and Gloucester, in
the province of Pennsylvania."
In rising to make this motion, the Duke said, " He Motion of
did not mean to embarrass ministers, collectively or in- ^"Duke^
dividually. He had no ill-will to any one of them in of Chan-
his private capacity ; nor in his public capacity was he
farther interested in his or their removal, than as he
imagined the public were interested, or might be bene
fitted by the same. As tothe matter of inquiry" he con
tinued, "the sovereign parliament, and the nation at
large, are entitled to be satisfied, as well upon the gen
eral principles of the failure of the war, as the disas
trous accidents which had happened. The capture of
two British armies^ of considerable strength and num
ber, is a circumstance, I believe, unknown to have taken
place during the course of any one war in the modern
annals of mankind ; but I mean to confine myself at
present merely to the disaster at York-Town.
Lord Starmont, reserving any expression on the Lord Star-
merits of the motion, objected to it in its present form,™'to*e
saying, " if it was pressed in that form he would, as fully form of
declarative of his dissent, take the sense of the house tion.
upon it. It would, in his apprehension, amount to a
recognition of American independence ; he meant the
concluding words, which stated, that ' Lord Cornwallis
and his army had surrendered to the United States of
America.' The Duke of Chandos, explained by stating, " It was The Duke
not an assertion of any right of independency, or any ^ cihan'
other right that he knew of; for the whole of the mo- ply.

784 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American tion except the mere form, was no more than a correct
encvP_a " transcript from one of the articles signed between Lord
Great Cornwallis, as commander-in-chief of the British forces,
1777-82. and General Washington, commander of ' the United
Debate on States of America.' "
of Lord The Duke of Grafton said, as there appeared some
Cornwallis. disposition in those who represented government in
of Lords, that house, not to oppose the inquiry, he wished that
Feb. 1782. ^e motjon might fee amended ; and if it did not go to
The Duke defeat the object of the noble Duke's proposition, he
on the mo" ma(fe no doubt but his grace would agree to amend it
tion of in- so as to remove the objectional part. He agreed,
qmry' that stating a fact copied from the articles of capitula
tion at York-Town, would not amount to a recognition
of the right of the independency of America ; but still
Suggests jie thought it better to meet the noble Viscount half
an altera- °
tion of the way, than to stand out for what appeared to him little
more than a mere matter of form. He was not pre
pared to move anything regularly, but, under favor of
the noble duke, he would just beg leave to suggest the
introduction of two words, styling themselves the Uni
ted States of America, &c.'
Earl Gow- Earl Gowers, eemed to agree in a great measure with
t"" ffieCtS tne noDle duke who spoke last, and though he thought
form. such a narrative amounted to nothing positive, he
thought it would be extremely improper that that, or
the other house of parliament, should, by a solemn act,
recognize, in any form, the United States of America.
He wished, therefore, as both sides of the house seemed
rather favorably disposed towards the inquiry, that the
motion might be framed in such a manner as to put an
end to a controversy upon the mere point of form.
Earl Shel- Earl Shelburne said, he would go as far as any man
bume is to concilia,te the noble Viscount and the noble Duke,
opposed to -i _.
independ- but he must confess, how much soever he approved of
ency' what had fallen from the noble Earl who spoke last, he
could not see the matter in the same point of view.
He never could consent, under any possible circum-

THE UNITED STATES OF AMERICA. 785
UNDER THE CONFEDERATION. PART IV.
stances, to acknowledge the independency of America. American
But, for his part, as he wished to give his opinion endyP™ "
without reserve, he could not for his soul discover how Great
such a motion, as it would stand if amended by his 1777-82.
noble friend who sat near him, had the most distant Debate on
, . , the defeat
tendency to recognize pr establish the presumed inde- 0f Lord
pendent claim of America, under the description of the^™^8-
United States. Lords,
Lord Starmont said, that whatever opinion might be "'
entertained of tlie motion -offered by the noble Duke ;
or taking it upon the idea of the amendment suggested Lord St&t-
by another noble Duke ([Grafton;') he was clearly of thinks the
opinion that the amendment would not remove the [heffiotion
difficulty. In that he perfectly agreed with a noble improper,
Earl ([Gower) who rose early, that it would be ex-any ow*
tremely improper to adopt the language of those
styling themselves 'the United States of America,' in
a British house of parliament.
The Duke of Richmond said, "the words United The Duke
States of America struck him as essentially necessary mon(j
to the motion. A great part of the inquiry might pos-tnm.ks ottl"
sibly be directed solely to that point, and the surren
dering to the arms of the United States of America
might turn out to be the chief matter of blame.
" But tlie noble Lord in the green ribband (Yiscount Thinks in-
Starmont) went farther, and said, 'were the words .^already
United States of America to stand on the journals, it conceded.
would be giving up the essential rights of the nation.'
If any essential rights were given up, they were given
up already. Lord Cornwallis and the other British
officers who had signed the capitulation, had done it.
That matter, therefore, and all idea of the recognition
of the independence of America, is now past consider
ation." The motion was finally amended to read as follows : The form
"That this house will on Monday next (the 11th) IZ'tht'
resolve itself into a committee of the whole house, to m,oti-on.
inquire into the causes of the calamitous loss of the
50

786 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American army under Lieutenant General Earl Cornwallis, by
encyPin ' b°ing made prisoners of war at York-Town and
Great Gloucester, in the province of Virginia." It was
1777-82. agreed to in this form.

Debate on The inquiry which was instituted in pursuance of
House of this resolution resulted in the exculpation of the com-
Feb,mi782 man^ers °f the royal army in America, and the utter
condemnation of the ministerial advisers of the crown,
in both houses of parliament. In the House of Com
mons, on the twenty-second day of February, 1782,
General Conway rose and said, " that words which had
fallen from him some time ago had been the means of
General inducing gentlemen to request him to move the ques-
urges'its tion which they all considered to be essentially neces-
discontin- sary in the present moment ; when they saw, notwith-
standing all the assurances wliich the nation had
received, that measures were apparently taking for the
further prosecution of the American War. At this
day it would be idle and impertinent in him to try to
interest the passions of the house, by a description of
Character this unhappy and miserable struggle. Its progress had
duct°of " heen marked in the best blood of the empire. It was
the war to be traced by havock and desolation ; by the rava
ging of towns and the murder of families ; by outrages
in every corner of America ; and by ruin at home. It
came home to the feelings of every individual in the
house, and he doubted not but they had so much of it
The neces- as to wish sincerely for that thing which could alone
^ ° put a stop to further calamities, called peace. In the
present moment, when there were certain indications
of a design to continue that war ; when a new general*
was appointed ; and when, as he had been credibly
informed, there were preparations making for the next
active, offensive campaign ; at that moment he thought
* Sir Guy It necessary to ask, what was the design of government,
Carlton. nojj wj_n regard to particular operations, but as to the
general system ? Were we to go on in the same man-

THE UNITED STATES OF AMERICA. 787
.  .  ,  ii.
UNDER THE CONFEDERATION. PART IV.
ner as we had begun, and continued so long, in the ob- American
stinate rejection of all advice which we could derive en^f"
either from experience or disaster ? The desire of our Great
gracious and well-inclined sovereign must be for peace. 1777-82.
He had expressed it in his speech from the throne ;
and it would therefore, he thought, in the present mo- Debate on
ment, become that house, to approach the throne with^,^?^
an humble, earnest, and dutiful solicitation, that he Commons,
would be graciously pleased to follow the benevolent e "'
wishes which he had expressed, to put an end to that
calamitous war with our fellow-brethren in America.
He concluded with moving,
" That an humble address be presented to his majesty, Gen. Con-
earnestly imploring his majesty, that, taking into his a„ ya™d°rggg
royal consideration the many and great calamities to the
which have attended the present unfortunate war, and d^ntin-
the heavy burthens thereby brought on his loyal anduethewar-
affectionate people ; he will be pleased graciously to
listen to the humble prayer and advice of his faithful
Commons ; that the war on the continent of North
America may no longer be pursued for the impractica
ble purpose of reducing the inhabitants of that coun
try to obedience by force : And expressing their hope
that the earnest desire and diligent exertion to restore
the public tranquillity, of which we have received his
majesty's gracious assurances, may, by a happy recon
ciliation with the revolted colonies, be forwarded and
made effectual ; to wliich. great end his majesty's faith
ful Commons will be ready most cheerfully to give their
utmost assistance."
Lord John Cavendish seconded the motion, and, in a Lord Cav-
very warm appeal to the honest and upright feelings ™dlgs^|e*
of gentlemen, " begged and conjured them to take up motion.
this matter with seriousness now, which, sooner or
later, they must take up. The present motion, he
contended, was regular and parliamentary; for though
they might not presume to advise his majesty what
form of war to pursue, they might surely say what

788 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American ought not to be pursued. The war with America not
encyPind having originated in laudable ambition, or in just
.Great policy, had been conducted without the dignity that
1777-82. became the British nation. Narrow, low, and selfish
in its principle, the conduct of it had been mean,
Debate on miserable, and defective. It was begun and carried
the war, ' a
House of on in pique, disgust, rancour, and narrowness. These
Fek™782 l°w passions had been fed by disappointment. Calam
ity, instead of making us wise, which was its common
Origin, effect, had made us foolish. But we ought to consider
and con- ' that sooner or later we must come to peace. We were
duct of already poorer by seventy millions, than at the outset.
stated by If, then, peace must at last be sought for, the sooner
endish.aT surely the better ; for the old prejudices and predilec
tions of the Americans towards us might not even yet
be worn away from the bosom. Their trade might yet
revert to its old channel.. But if the period was de
layed, they would find new tracks, where they must
form new affections and new habits, to the extinction
of the last sparks of kindness that remained in the
bosom.
Mr. Secre- Mr. Secretary Ellis* asked the indulgence of the
lnrythTmo-house' sa7ing5 that "although a very old member of
tion to dis- parliament, he certainly was a very young minister.
the war! As to the American war, it had always been his firm
opinion that it was just in its origin ; nor could the
events that had since occurred make him change that
opinion. But he never entertained an idea, nor did he
believe that any man in that house ever imagined, that
America was to be reduced to obedience by force. If
his sentiments were not now the same as they ever had
been respecting the practicability of the war, he did
not feel himself so much under the influence of un
manly shame, as to be afraid to confess that a revolu
tion had taken place in his mind. He was free to con-
* Recently fess, that he was not now so sanguine in his hopes of
fo^ Ameri- success as he had been some time ago. Nor did he
can affairs, think that the concession disgraced him ; for he held

THE UNITED STATES OF AMERICA. 789
UNDER THE CONFEDERATION. PART IV.
it to be the duty of a statesman to conform to the cir- American
cumstances of the times, and not blindly and obsti-™dyP6^
natelv adhere to opinions, merely because he had once Great
. -. , i ^i Britain,
entertained and supported them. 1778-82.
" He could endure war only as the means of procur
ing a lasting and safe peace. It was on this principle Debate'on
alone that war could be justified ; and being governed Houseof
as he was by that principle, it; was impossible that he Commons,
could be an advocate for protracting the war one day
beyond that time when a permanent and honorable
peace may be established.
" But gentlemen did not seem so anxious for peace Mr. Seere-
in general, as to put an end to the American war. jrftfie mo-
Seeing things in the light in which he saw them, and *j.011 tor. *
i .i i i-ii <¦ i«„ . discontin-
having the grounds which he had for forming his judg-uance of
ment, he could not call the war in America the Amer-*116 war'
ican war, its true name was the French war : For if
he was not greatly mistaken, and he believed he spoke
from very good authority, the army under General
Washington in general, and the whole of the Amer
ican continental army, was fed, clothed, and paid, by
France : So that it was France, not the congress, that
was fighting in America: It was not mere locality * This was
that gave name to a war; and therefore, from what hethe.1?st. and fi?) ti 3.1
knew, he held himself to be authorized in calling the "dodge."
war in America, a French war* Now if France might m^ry.
bo fought in other countries as well as in France, if she
was fought last year in Germany, he could not see any
solid objection against fighting her this war in Amer
ica." After a few remarks further on the wording of
the motion, Mr. Ellis concluded by saying, " he had
thought it his duty to say thus much by way of confes
sion of faith in his new situation, and to gratify the
curiosity of the house."
Mr. Burke rose next, and made an admirable com- Sir Ed-
mentary on the speech of the American secretary, Mr. g™^ oa
Ellis. " A confession of faith," he said " more obscure, the mo-
and more confused, more intricate and more absurd, 10n'

790 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American perhaps, was never published for the delusion and ca-
encyPind lamity of mankind: Like confessions of faith of the
Great same unintelligible nature it could only be supported
1777-82. hy miracles: For what has this new minister said?
What satisfaction has he given to this house, and for
Debate on what had the new arrangement in office been made, to
Houseof which the nation had looked with expectation, and con
s'?111?*™' si<_ered as the date of a new system, founded on con
viction of past errors, in which this fatal and ruinous
war was to be given up ? Not one thing which had not
been said a hundred times by the last American secre
tary, and which had been said for the delusion of the
house five years ago : The American war was to be
Sir Ed- continued ; the same system was to prevail ; the king-
mund dom was again to be drained of men to support it ;
the motion and more millions were to be lavished and lost in the
f°ntin-S pursuit of it; for to all this expressly did the con-
uance of fession of faith of the new minister go. It might have
been expected at least, that when a new minister was
appointed, at least a new language would have been
held, if not a new system adopted ; but even in this we
are not gratified : Not one new idea, not one new sen
tence, not one new word ; but the self-same, old, hack-
nied, stale, and common language as ever. Yesi
there was one new idea started, and he begged gentle
men to attend to it. This hopeful contest, though it
was to be continued, was no more to be considered as
an American war. Its locality was ^nothing ; its being
carried on in the colonies was nothing ; it was now
converted into a French war ; this was the only thing
in which there was either novelty or change. And
from the new arrangement in office this was all that
had been produced. A new arrangement had been
made that a peerage might be conferred upon a man
who dismembered his country, that the American war
might be converted into a French war, and that an old
jnan might be changed into a new minister. He defied
all the world to find another benefit from this alteration.

the war.

THE UNITED STATES OF AMERICA. 791
^ UNDER THE CONFEDERATION. PART IV.
"The American war was to be considered as a American
French war ; and we were to go on persecuting the ™dyPj ° "
Americans, not for the purpose of reducing the Amer- Great
icans to obedience by force, but for the purpose of re- m^Jja.
ducing the French. What was the absurdity, or rather
what was the wickedness of this idea ? In the begin- Debate on
ning of the present session the effect which the loss of Houseof
Earl Cornwallis' army produced, forced the ministers S0?11?^!'
to give assurances to the house that they must contract
the scale of the war, and that it would be conducted
in future on a very different plan from what it had
been : Here was the execution of this ministerial
assurance. We will not prosecute the American war ; sir Ed-
we will drop that entirely ; we have no further inten- g_^ on
tion of reducing the Americans to obedience by force ; the motion
but — but — here is the fine ministerial distinction, andcont;u.
the new plan of delusion, butwe must prosecute the ™nce of
French war which now rages in the fields of America.
Did not gentlemen perceive at what they aimed by this
new argument? Under this new name of a French
war, the American contest was to be persevered in, and
from this new minister we were to receive exactly the
old system.
"But, say the gentlemen, our friends in America
have done us all this mischief. Every calamity of the
war has arisen from our friends ; and if such are to
be our friends I hope to God that we may hear of
them no more. When exhausted and famished had
our friends assisted us ? Had they brought us a single
bullock, a single bushel of Indian corn ? Had they
assisted us in any one shape or way ? No, they had
drawn us in the north to Saratoga, and in the south to
York-Town. What does the honorable gentleman
mean by holding out the delusion of more friends?
Did he recollect, or did he think of, the tenth article of
the last capitulation ? Or did he mean to make an
other tenth article for the purpose of giving up what
few friends we might still have left ?

792 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American " The right honorable gentleman also has hopes of
cncyPind' success. After all our calamities ; after having found
Great by experience that when we had only America to op-
1777-82. pose, we were unequal to the reduction ; now that we
had fresh accessions of enemies ; nay, that we had the
Debate on most powerful in the universe to oppose ; he has reason
House of to entertain hopes I Miserable hopes ! What has the
fT""??.' American war produced ? What but peerages and
calamities-? What but insults and titles ? Was there
anything to give hope ? 0 yes, we must not only have
hope, but confidence in ministers. Confidence ! could
we have confidence in the men who still determined
to prosecute this mad and impolitic war ? It is impos
sible."
Lord Shef- Lord Sheffield, was against the motion, and urged
motion for that " it-would be impolitic to withdraw the troops from
a discon- America, as the Americans then might destroy the West
of the war. India Islands : He said he did not clearly understand
the motion. He knew not how they could separate the
war with America from the war with France ; or how
they could talk of maintaining a war of posts (as it
was called) without intending to make it a war of of
fence. If we had not a force in America which should
be able to act as occasion might require, we must lose
every post in detail from the river St. Lawrence to the
cape of Florida. We must either fight France in Amer
ica, or we must fight her in the east, or at home in the
rich fields of Britain.
Mr. Wil- Mr. Wilberforce " said he was much in favor ofthe mo-
oTthemo-**011' an<* declared n-s opinion, that while the present
tion for a ministry existed, there were no prospects of either peace
_ance of ' or happiness to this kingdom. The motion tended to
the war. noicl out wise advice and direction to ministers for their
future conduct, respecting the American war : Their
career hitherto had rather resembled the career of furi
ous madmen than the necessarily vigorous and prudent
.exertions of able statesmen. He declared, from a part
of what the new secretary had said, he began to sus-

THE UNITED STATES OF AMERICA. 793
UNDER THE CONFEDERATION. PART IV.
pect, what a subsequent part of his speech had fully eon- American
firmed in his mind, viz., that it was intended to pursue e"^"
this ruinous war in the former cruel, bloody, impracti- Great
, , Britain,
cable manner. 1777-82.
Mr. T. Townshend spoke very strongly in favor of
the motion : " It had been thrown out in the debate," J****6 on
"CH© W£ir.
he said, " that it was not now an American war, but a House of
French war: That America was become dependent Feb!™?,.'.
on France, that France had conquered America : What, Mr. T.
then, could be inferred, but that France with thirty-four sh0en^"on
hundred men in America, had done more than England the mo-
with seventy-three thousand?
Mr. C. Turner, said " that the people of England, espe- Mr. c. Tur-
cially the poorer sort, were so reduced by the Amer-ner"
ican war, that the farmers in the country were glad to
sell their corn as fast as they could thrash it, merely to
support themselves. He declared that he differed from
those who looked to parliament for the salvation of the
nation : He had trusted to them too long ; and the
only salvation now lay in the people, whom he would
join on the first occasion.
Colonel Barre, moved, before they proceeded any far- Colonel
ther on a subject of such importance, that the petition Amotion
from the city of Bristol, lying on their table, might beforadis-
read ; which being complied with, he rose and said ; ancVof "
" The many burdens and grievous oppressions which it the wai;
is stated that great trading town labored under, were
not peculiar to it ; they were common to the whole
kingdom. I am confident that the city of London holds
similar sentiments with regard to the war ; and the rea
son that your table is not loaded from all parts with
petitions of the like nature with that just read, is, that
the nation did not look up to parliament with that
respect which they were formerly wont to do ; we have
fallen into contempt in the eyes of the public ; and that
alone is the cause that complaints of the distresses,
heavy burdens, and intolerable hardships, which the
nation endures, do not pour "In from every quarter.

794 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American An honorable gentleman has said, that this mode of
encyTn d" addressing the crown was unprecedented. Good God !
Great Sir, the situation of our country is unprecedented.
1777^82. -^-n(i is this a time, when the nation is verging on abso
lute ruin, to search for precedents to warrant us in
Debate on those measures which may avert that destruction ?
the war. *
House of From what has fallen from the new secretary of state,
Fe™mi782. (Mr. Ellis,) I can plainly perceive that the same
wretched argument and folly which had hitherto
promoted and carried on the accursed war still influ
enced the conduct of ministers. It is said we have
many friends in America, and it would be cruel to
abandon them to the merciless hands of the congress.
It is an entire delusion, we have no friends in America;
and ministers have been duped into the idea of the con
trary by the misrepresentations and falsehoods told by
Col. Barre refugees here. From their erroneous misrepresentation
tion forT we might chiefly attribute our disasters in America.
discontinu- T0 contradict their lying reports to government we
the war. need only refer to Lord Cornwallis's public letters.
In them he tells us that he met none of those many
loyalists he was made to believe he should meet in
North Carolina, a province in which he stood most in
need of them. In his march throughout almost the
whole province, he said he found them ' timid friends
and inveterate enemies.' Did this language denote loy
alty ? Were these the numerous friends and warm ad
vocates for this country, that ministers were so mighty
tender of deserting ? However, his lordship being
necessitated, through want of provisions and otlier cir
cumstances, to marcii to Wilmington, he there found a
number of Americans assembling, not for the purpose
of arming as would be falsely insinuated, but merely
to see that gallant general {Lord Cornwallis) who had
so repeatedly beaten General Green I and as soon as
the sight was over, ,and they paid their addresses to his
lordship, they retired with as great expedition out of
the town as they made in coming in ; and I have it

THE UNITED STATES OF AMERICA. 795
UNDER THE CONFEDERATION. PART IV.
from very good authority, such as cannot be doubted, American
that Lord Cornwallis could not, with any persuasion in ency^T '
his power, prevail on even an hundred men to arm Great
themselves in his support. From this account of the 1777-82,
disposition of the Americans, must not every man,
endued with any degree of reason, see the impractica- ^eeb^aron
bility of subduing America by force ? House of
The Secretary of War, (Mr. Jaskinson,) remarked, Feb^m..
" that if an end to the American war was what gentlemen The Secre-
desired, the withdrawing our forces would by no means * " ^ne m"
have that effect ; for America would certainly attack ti?n for. a
us inker turn, so that we should still have an Ameri- ance of the
can war. Besides, her ports would be open, and would war<
every day increase in wealth and power, a circumstance
this nation should use their utmost endeavors to pre
vent. Gentlemen wished to be informed what govern
ment meant by a war of posts. My idea is, to keep no
regular army in the field, but in keeping those posts we
had, to add others to them whenever th'ey should be
found advantageous to us, thus affording us the means
of attacking the enemy if an opportunity served of
doing it with success. The address now moved for
is not explicit enough, the terms of it are too obscure,
nor can I see any possible benefit that could arise from
it ; if I did, it should have my warmest support.
Mr. Fox, exposed the duplicity of ministers, and Mr. Fox
argued that the seats in the house were so filled by °^he m0'
placemen and' contractors that the voice of the people
was not fully represented among them. He said, " it is
now evident that the war is to be pursued in America
in the same mad manner in which it had been hitherto
conducted." He reviewed the conduct of administra
tion with exceeding severity.
Lord North defended the administration in quite a
lengthened argument.
The Hon. Wm. Pitt, spoke with his usual eloquence Wm Pitt
on the motion, and urged the necessity of putting a urges. an
speedy end to the war. " It had been remarked," he said, war. *° *'

796 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American " in the debate by the new secretary, that ' to make peace
encyhi w*th the Americans you must make them feel the
Great calamities of war.' Surely we ought to pay some respect
Britain, ...„ .
1777-81. to the calamities of our constituents at home. They,
I will be bound to say, felt all the calamities of war."
fhe war°n ^r' Bigby said, " he undoubtingly was of opinion some
House of time back, that the American war was a just one ; he
F_™n_7^__ still continued to think so. But he was also of opinion
that the complexion of the times had altered, and that
Mr. Kigby. __ was n0 longer practicable to pursue it ; yet he should
vote against the present motion (although he wished
for peace,) as it interfered with the executive power,
and left ministers in a situation not knowing what
to do."
Gen. Con- General Conway, explained the nature of his motion,
"WO/V CX"
plains and said, " it was necessary for the house to come to the
his motion. resoiution proposed, as a basis to treat upon, as it would
show to the world that the House of Commons were in
earnest." He concluded the debate by reviewing the
Question arguments urged against the motion. At two o'clock
tion Feb?" m the morning the house divided on the motion ; ayes
22d. 193} noes 194 ; giving a majority of one for continuing
the American war.

Unpopu- it is evident from the debate on this motion, and from
the war as the final vote, that the war with America had become
disclosed unpopular even among the former adherents to adminis-
debate. tration, and that the power of ministry was on the wane.
The king was evidently alarmed, and anxious to escape
from the dilemma into which he had be.en drawn. The
difficulty under which the opposition labored seemed to
be, how to separate the crown from the condemnation
of his ministers ; or how to make the mediation of par
liament available, without infringing upon the royal
prerogatives.
Petition of The debate on this subject was renewed on the twen-
Lonaon.** ty-seventh of February, when " the sheriffs of London
presented at the bar of the house a petition of the

THE UNITED STATES OF AMERICA. 797
UNDER THE CONFEDERATION. PART IV.
Lord Mayor, Aldermen and Commons of the city of American
London, in common council assembled ; setting forth, "neyPin d*
that the petitioners, in the present state of public Great
affairs, moved by every sentiment that can impress the 1777-82.
human mind with regard for the common welfare of
this kingdom and its dependencies ; are impelled, to the war.
implore this honorable house to interfere in such man- House of
L Commons,
ner as to their wisdom shall seem to be most effectual, Feb. 27th,
for preventing the continuance of this unfortunate war
with America." This petition was ordered to lie on
the table.
Mr. Alderman Newnham then informed the house
that the city had been unanimous in this petition, as £hedci5r
they were most heartily tired of the American war ; the war.
whereupon General Conway rose, at half .past four o'clock, to Gen. Con-
renew his. attempt to bring the house to agree with way r?"
*—* He WS HIS
him, " that, in the present posture of affairs, it would be motion for
inexpedient and improper any longer to prosecute thetmuance"
American war. He desired that the petitions from the of the war'
cities of London and Bristol might be read." Which
being done, he declared that " as he was firm in his opin
ion on Friday last of the necessity of putting an end to
the American war, he had this day been, if possible, more
confirmed ; for the first trading city in the world, had
petitioned against the war, and they undoubtedly were
the best judges of its effects. He had several induce
ments to renew his motion. He would do it'from a princi
ple of duty to his country, to his constituents, and to him
self. So deep was the impression which the calamities
and disgraces of this unnatural and cruel war had made
upon him, that while he had a mind to think, a heart to
feel, or a tongue to speak, he never would relax in his en
deavors to point out the necessity of putting an end to it.
"Another inducement was, that the- last question
which he had the honor of submitting to the house had
been lost, or, as some would call it, 'carried, by so very
small a majority. He had since conversed with so

798 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union .
American many members who were absent when tliat question
encyTn " was discussed, and who had assured him that, if they
Great na(_ been present when it was proposed, they would
1777-82. have voted for it; that he could not bring himself to
think that the sense of the house could fairly be said
the war. to have been taken on the subject : Members had fre-
House of quently made light of their attendance, but he begged
Feb. 27th| them to consider and to reflect, that perhaps all the
1782, mischiefs and calamities of that war were now to be
attributed to the absence of a single member. But
these were not his only inducements; he had still
another, from which he expected no inconsiderable
General advantage : Two members of great weight, and deserv-
Conway's edly of great weight in that house, {Mr. Rigby and
discon- the Lord Advocate) had in the late debate on the
tmue the American war, fairly confessed that they were tired of
the war: They had declared themselves converts to
the opinion of its impracticability; and they had de
livered themselves on that subject in a very manly man
ner ; all he regretted was, that they had not followed
up their manly declaration with a manly vote for the
address. They were now avowed converts. The light
had shone upon them; they were thrown down from
their high horse of starvation and unconditional sub
mission; but, unlike Paul after his conversion, they
had not become the champions of that people and cause
of which they had been such violent persecutors."
After a revf able and elaborate argument in favor of
discontinuing the war, and a very severe review of min
isterial inconsistency and obstinacy, Mr. Conway con
cluded by moving the following resolution :
General "Resolved, that it is the opinion of this House, that the
Conway's farther prosecution of offensive war on the continent
of North America, for the purpose of reducing the
revolted colonies to obedience by force, will be the
means of weakening the efforts of this country against
her European enemies; tends, under the present cir
cumstances, dangerously to increase the mutual enmity,

THE UNITED STATES OF AMERICA. 799
UNDER THE CONFEDERATION. PART IV.
so fatal to the interests of both Great Britain and American
America ; and, by preventing a happy reconciliation encyTn "
with that country, to frustrate the earnest desire gra- Great
i i , , ¦ , , i • Britain,
ciously expressed by his majesty to restore the blessings 1777-82.
of public tranquillity."
Lord Althorpe " seconded the motion, from a thor- Debate on
the war.
ough conviction, he said, " that it was just, and conform- House of
able to the wishes of the people at large, who, wherever y"™™?*'
he went, were exclaiming against the American war. 1782.
He had listened with great attention during the debate
on Friday, (the 22d) and was astonished to hear it said,
'you must make war to gain peace; you must make Althorpe
the Americans feel the calamities of war, to wish for seconds
' the resolu-
peace.' Would any man say they had not felt the tion.
calamities of war? Or would any man say that we,
ourselves, have not felt the calamities of war ? If they
did, he must differ widely in opinion from them; for
was the burning of towns and spreading desolation
wherever we went, not making the Americans feel the
calamities of war in the utmost degree? Certainly it
was; and the vast burthen and increase of our taxes
are felt at home : Besides, our army in America is not
only an useless army, but is" a means of our navy being
neglected ; for the men who were raised and sent to be
slaughtered there, would have been of infinite service
if employed as marines, or by becoming sailors.
Sir Horace Mann said, — "from principle I have Sir Horace
supported the American war, under the idea first, that q* "n °,u
it was just; and next, that it was practicable: Expe- Conway's
rience, however, has convinced me that the object we to^Ucon"
had set out with was unattainable and impracticable ; tinue tne
my eyes are now open, and I see that it would be mad
ness to pursue it any longer. It is therefore the best
thing that can be done, in our present situation, to put
an end to the war as speedily as possible, which, if not
soon terminated will put an end to our political exist
ence. With these sentiments, therefore, I must pro-

800 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American claim my conversion, and seal it by voting for the motion
independ- , r ,, 1
encyin now before the house.
Great j%_ Attorney General, (Mr. Wallace?) gave it as his
1777-82. opinion, "that in the present circumstances, nothing
but a peace with America can restore this country to
the war. its former state of splendor and respect: But, sir, I
House of ,j0 no_ think the motion on the table is calculated to
Commons,
Feb. 27th, produce tliat happy and desirable object: There are
Ji ''"' many obstacles to be removed before it would be possi-
The Attor- ble for this house to expect to bring the Americans to
eraiishi' treat with them. The restrictions in the Prohibitory
favor of a Act must first be removed, &c. He was in favor of a
truce with America.
Mr. Fox Mr. Fox urged, with the most powerful arguments,
the resoiu- " tne propriety of the motion made by the lion. General,
tion. ( Conway) : He deprecated and denounced " the paltry
stratagems to which ministers were reduced, in the last
moment perhaps of their existence, to gain a short
week, or a day of breath."
Mr. Wal- Here "the Attorney General ([Wallace,) moved an
to°adjourn! adjournment, and after a short debate the house divided
on the motion, when the vote stood noes 234, ayes 215.
Lost. The majority against the ministry on the question of
adjournment being 19.
The resoiu- " The original question upon the resolution was then
ried °ar' Put» an(^ carried without a division: The ministry
being thus left in a minority, General Conway followed
up his first motion with another, viz:
Further " That an humble address be presented to his majesty,
General^ *na* tne mrtner prosecution of offensive war on the
Conway, continent of North America for the purpose of reducing
the revolted colonies to obedience by force, will be the
means of weakening the efforts of the country against
her European enemies, tends, under the present cir
cumstances, dangerously to increase the mutual enmity
so fatal to the interests of both Great Britain and
America; and by preventing a happy reconciliation
with that country, to frustrate the earnest desire gra-

THE UNITED STATES OF AMERICA. 801
UNDER THE CONFEDERATION. PART IV.
ciously expressed by his majesty to restore the blessings American
of public tranquillity.." encybi "
This motion was agreed to without a division. It Great
Britain,
was thereupon "Resolved that the said address be pre- 1777-82.
sented' to his majesty by the whole house : And the Motion
members of his council present, are ordered to know asreed t0-
his majesty's pleasure when he would be attended by up_nlutI0n
the house."
The next day, almost as soon as the Speaker had
taken the chair, the Attorney General (Mr. Wallace) Mr- Wal'
"asked leave to bring in a bill ' to enable his majesty to leave to
conclude a peace or truce with the revolted colonies of __\n___u a
America.' He said he would not then enter into any peace with
detail of the nature of the bill, but would reserve him
self to another opportunity, when he should have a
fuller house to speak to."
Mr. T. Townshend " wished his lordship would even Mr. T.
then, thin as the house was, enter into a detail, or give hendwish-
some explanation of the particular objects of his pro- e3 details.
posed bill.
Mr. Fox said, " that though no man wished more Mr. Fox
ardently for peace than he did, still he did not see the X^^y '?„
necessity of passing any bill on the subject in the very limine.
' first instance. Ministers might enter into a negotiation,
and apply to parliament as soon as their assistance
should be wanted. Whoever should have the conclu
sion of the business, whether the present ministers or
others, they must act upon entirely new principles:
For his part, he thought the idea of sovereignty over
America ought to be totally renounced; but still he hoped
no one would give up America, without obtaining a
substantial connection with her.
Mr. Rigby "was of opinion that no man spoke in Mr. Rigby
general more substantially than the honorable gentle- __'",. favor
man ( Mr. Fox,) but still he must confess that he could
not reconcile his two ideas of renouncing the sover
eignty of America, and preserving 'a substantial con
nection ' with her. He was afraid the honorable gentle-
51

802 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American man wanted to retain under one name what he was so
encyPin ' ready to renounce under another:. For his own part,
Great ne did not entertain an idea oi preserving the sover-
Bntain, . . . __ „ ,
1777-82. eignty over America. He gave that up for the same rea
son that he gave up the war, because he could not help
the war- D **• ^e thought the bill proposed ought not to be de-
House of layed. He was not in the secret of ministers; but who
Commons, , , ,, .
Feb. 27th, could tell that some progress might not have been
1782, already made in a negotiation, and that tho bill was
necessary to the conclusion of it?
Mr. Fox Mr. Fox said "he did not mean by substantial con-
explains. necti011j any advantage whatever that we should have
a right to enforce : He meant such a connection as we
have with Portugal ; such as we had with Holland.
The Attor- The Attorney General, ([Mr. Wallace,) said, that " after
al in reply, what he had pledged himself to last night, it would
desires to naye Deen unpardonable in him not to take the very
promote r J
peace, earliest opportunity to promote that peace which
seemed to be the object of every gentleman's wish. In
a former bill appointing commissioners to treat with
America, there was a clause empowering them to sus
pend the Prohibitory Act, which, though it related to
the trade of this country, did not pass through a pre-
See post, vious committee. However, he was very willing to send
p. 809. jjis proposition to a previous committee of the whole
house." He accordingly made a motion to that effect,
which was -carried without any further debate.
Monday, "House of Commons, March fourth, 1782. The Speak-
March 4th. er }nforme<i the house, that, pursuant to appointment
of his majesty, the house attended his majesty on Fri
day last with their address (of the 27th February,) to
whicli his majesty was pleased to return this most gra
cious answer, viz. :
The king's « Gentlemen of the House of Commons :
the ad- " There are no objects nearer to my heart than the
dress. ease, happiness, and prosperity, of my people : You
may be assured, that, in pursuance of your advice, I
shall take such measures as shall appear to me to be

THE UNITED STATES OF AMERICA.

803

UNDER THE CONFEDERATION. PART IV'
most conducive to the restoration of harmony between American
Great Britain and the revolted colonies, so essential to ^CyP__^ "
the prosperity of both : And that my efforts shall be Great
directed in the most effectual manner against our 1777-82.
European enemies ; until such a peace can be obtained
as shall consist with the interests and permanent wel- Jouse<>f
• ¦ Commons,
fare of my kingdoms. March 4tbj
 1782.
Immediately after the reading of this answer, Gen^ froceed-
eral Conway rose and said " he was sorry that it had fall- _p^sn, ere*
en to his lot to trouble the house so often, but he
hoped they would excuse him on account of the import
ance of the subject, on which he had so often taken
the hberty to solicit their attention. Often foiled in
the course of the present war, in his attempt to put an speech of
end to hostilities with America, he had for once sue- General
ceeded in a motion from which great expectation might
be formed, though he had no great reason to flatter
himself or the house very much, from the answer that
had been made to the address, which had followed his The king's
motion, as it was not quite so explicit as he could have sufficient"
wished. However, he thought it right and proper to
return thanks for it to the throne, expressive of the sat
isfaction of the house, at those pacific dispositions which
were manifested in his majesty's answer. But he trust
ed he would be seconded by the house in his desire to
secure themselves, and this country, against the possi
bility of a doubt that the American war was not now
completely concluded. Something, perhaps, might yet
be wanting to confirm the resolution of Wednesday ; General'
(the 27th Feb.) Something by which ministers would ^7e7fov
he so expressly bound, that however desirous of eva- an address
sion, they would not have it in their power to evade °0 the"

the injunction of that house ; but now he would move kmS-
" Tliat an humble address he presented to his majesty,
to return his majesty the thanks of this House, for his
most gracious answer to their address, presented to his
majesty on Friday last; and for the assurances his maj-

804 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American esty has most graciously. been pleased to give them of
encyPind~ ms intention, 'in pursuance of the advice of this house ;
Great to take such measures as shall appear most conducive
Britain, .
1777-82. to the restoration of harmony between Great Britain
and the revolted colonies ; and that his efforts shall be
Houseof directed in the most effectual manner against our
March 4th, European enemies, until such a peace can be obtauied
ll?82- as shall consist with the permanent welfare and pros
perity of his kingdoms : ' This house being convinced
that nothing can, in the present circumstances of this
country, so essentially promote those great objects of
his majesty's paternal care for his people, as the meas
ures which his most faithful Commons have most hum
bly, but earnestly, recommended to his majesty."
Lord Al- Lord Althorpe rose to second the motion, and said
ondsGen- " he should consider himself wanting in duty to his sov-
eraiCon- ereign, if he did not, in the present instance, rise to sec
tion of ond the motion for the address of thanks : At the same
time he was not wholly and perfectly satisfied with the
answer that had been given to their late address : And
he wished that the honorable member would take some
step that might tend to enforce the spirit of that ad
dress. With respect to the motion now before the
house, he hoped it would be carried unanimously, as a
mark of that respect which the house entertained for
his majesty."
Motion of The Speaker read the motion, and having put the
passed question, it was carried nemine contradicente : Where
upon
General General Conway instantly rose, and informed the
proposi- House that " he had another proposition to make, which
tion for jie thought absolutely necessary, and without which the
America, great point that had been carried on Wednesday last
would be rendered nugatory and ineffectual. He was
really ashamed to speak so often to the house on the
subject of the American war ; but he trusted this would
be the last time he should/ obtrude himself on their
patience. His habits and disposition were so contrary

thanks.

THE UNITED STATES OF AMERICA. 805
UNDER THE CONFEDERATION. PART IV.
to the principles of this war, that he absolutely had a American
most rooted aversion to it : And, therefore, though he Cn0yPin * ¦
was convinced that he had spoken too often on the sub- Great iji'it'iin
ject, he could not resist the impulse he felt to rivet, if 1777-82.
possible, those fetters which he hoped the address voted
on Wednesday had put upon the American war. House of
There were several strong reasons which urged him to _j^h°4t_--
persevere in making use of every means in his power 1782.
to put an end to it : He had every reason to believe
that there was a general desire in the Americans to
make peace with Great Britain. There were persons General
at no great distance* authorized to treat with us about v°opol*
peace : And though hitherto the Americans had not tion for . .
bound themselves to any specific proposition relative to America.
the West Indies, or an exclusive trade to France, which
could stand in the way of a separate peace, he was
given to understand that something was in agitation, or
on the tapis, with the court of France, which if con
cluded, would be of irreparable disadvantage to this
country : Our readiness to treat with America would,
in all probability, prevent anything definitive from TIie cnsi8,
being concluded between the congress and France.
These were his reasons for wishing for an immediate
cessation of hostilities with America, and recommend
ing to government, that, without loss of time, they
would open a treaty of peace with America.
"The answer delivered to the address on Friday, The king's
was by no means generally understood. It was con- answer-
veyed in a language not any ways satisfactory, as it did
not say his majesty would put an end to the American
war, but that he would take such measures as appeared
to him, that is, to his ministers, to be most conducive to
harmony : He had no doubt of his majesty's gracious
intention ; yet as the same men had openly declared in
this house, that ' to make peace with America you must
make themfeel the calamities of the war,' it was not can pieni-
unnatural to think that they would still advise vigor- ^"Jf*"
ous measures to be pursued ; especially as they chose Paris.

806 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American not to understand what the true intent and meaning
encyPin " °^ the words offensive war conveyed : He had himself
Great been bred up in the military line, and nothing could
1777-82 appear more clear than the words offensive and defen
sive. The prayer of the address was to put an instant
House of end to the American war as a basis for peace ; and as
March 4th, there were persons near at hand properly authorized to
1782. treat for t\xQ same, undoubtedly it meant to negotiate
with them, as the most speedy measure that could be
General adopted. Now was the time for the blow to be struck,
proposf-'8 bef°re it was too late ; and, as from the present answer
tion for his majesty's ministers might screen themselves from
America the public by saying they took such measures as ap
peared to them most conducive to putting an end to the
war ; they might think that a war of posts, which had
been so variously described, was the most proper meas
ure : That the keeping the posts we had already got,
or the abandoning them and choosing new ones, was
the best : Or they might think the recruiting the army
lost under Lord CornwaUis was a proper measure:
Yet, in his opinion, none of those heads were left to
Must com- their choice, for they were bound to put an immediate
^lat1;0ne0cfes" stop to the war, and those who advised his majesty to
the war. the contrary, were highly criminal, and ought to be
brought to justice. He would therefore move a reso
lution, which would make the sense of this house so
clear and manifest, that his majesty's ministers could
not possibly mistake it ; and by which the house and
the country would have the satisfaction of knowing
that this mad war would no longer be pursued." His
motion was
Gen. Con- " That, after the solemn declaration qf the opinion of
a%sXIes this House, in tlieir humble address presented to his
tionagainst majesty on Friday last, and his majesty's assurance of
ProsfeUcu-herliis gracious intention, 'in pursuance of tlieir advice, to
tion of the _aice gnch measures as shall appear to his majesty to be
most conducive to the restoration of harmony between
Great Britain and the revolted colonies, so essential to

THE UNITED STATES OF AMERICA. 807
under the confederation. Part IV.
the prosperity of both,' this House will consider as ene- American
mies to his majesty and this country, all those who shall g"dep_^d*
endeavor to frustrate his majesty's paternal care for Great
the ease and happiness of his people, by advising, or 177 "s_.
by any means attempting, the further prosecution of
offensive war on the continent of North America, for House of
the purpose of reducing the revolted colonies to obedi- __^_h°_S
ence by force." "82.
Lord Althorpe seconded the motion, saying, " he coin- Lord Al-
cided entirely with the right honorable general, that*g°^_B
this was wanting to finish and complete the business themotioa.
of the week before ; and this, no doubt, would give
complete satisfaction to every man. He declared, that
one great inducement to him to second this motion
was, because he felt in his own mind a want of confi-Hasnocon-
dence in the present administration, which their con-mm?^ ™
tinued series of ill-successes was alone sufficient to
justify. He thought therefore the house could not be
too cautious in having their sense and wishes as ex
plicitly declared as possible. The line of conduct this
motion (superadded to that of Wednesday, Feb. 27th,)
would most plainly chalk out, he flattered himself,
would lead to peace with America ; and by putting an
end to that fatal war, which had caused all our calam
ities, he trusted an end would also be put to the present
administration. Lord North said, "he did not rise to give any opposi- i<ord North
tion to the motion, but he would observe, at the same motion un-
time, that he could not by any means agree with those necessary.
who thought it neoessary : In his opinion it had for its
object only to strengthen what was sufficiently strong
already. He declared that although a majority of the
house was, in parliamentary language, the house itself,
it could never make him change a single opinion : Yet
he bowed to that opinion, which was sanctioned by the
majority. Though he might not be a convert to such
opinion, still he held it to be his indispensable duty to
obey it, and never once to lose sight of it, in the ad-

808 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union.
American vice which, as a servant of the crown, he should have
encyPind" occasion to give his sovereign. It was the right of
Great that house to command ; it was the duty of a minister
1777-82. to obey its resolutions. Parliament had already ex
pressed its desire, or its orders, and as it was scarcely
House of possible that a minister should be found hardy, daring,
MarchTth mfamous enough, to advise his sovereign to differ in
1782. opinion from his parliament, so he could not think that
the present motion, which must suppose the existence
of such a minister, could be at all necessary.
Mr. Fox on Mr. Fox rose, he said, " to speak but a few words on
way's reso- tne motion, for as the noble lord in the blue ribband
lution for (Lord North) had said that he should not oppose it,
peace with , . _ , . .
America, there was no occasion for him to enter into any detail
of argument in defence of the proposition. He was
one of those who were completely and totally dissatis
fied with the answer of the crown to the address of
this house. When he spoke in this manner, he would
be understood to mean, that he was dissatisfied with
the answer which his majesty's ministers had advised
Thinks the his majesty to give. It was the answer of the minis-
ihe crown ters, and among others, of that minister, who had, on
adeviceof this day, been heard to declare, that he disapproved
of the resolution of this house on whicli the address
was founded. They had put an answer in the mouth
of his majesty, which he could not approve of, because
it was not an answer sufficiently clear and specific.
For what did it say ? That his majesty would be gra
ciously pleased to put an end to the offensive war car
ried on in America for the purpose of reducing the
Americans to obedience by force ? No. But that his
majesty would take such measures as shall appear to
him, (that is, as should appear to his ministers,) condu
cive to the restoration of harmony. Could this be
satisfactory ? Parliament had pointed out the specific
swerof th9means by which to accomplish the object, viz4, by put-
king and ting an immediate stop to offensive war. But his
istry. majesty's ministers, instead of declaring in their an-

THE UNITED STATES OF AMERICA. 809
UNDER THE CONFEDERATION. PART IY.
swer that they would guide themselves by this advice, American
make his majesty declare, that they will take such steps ™d<ypm3d"
as appear to them conducive to the object. He was not Great
in the house when the motion for an address of thanks 1777-.82.-
was agreed to, as he understood, unanimously : If he
had been, notwithstanding what he had just said, he House of
should have voted for it, for he was careful to distin- March°4tb
guish between the obligation that was due to his1?82-
majesty personally, for the grace of his answer ; (and
he sincerely believed that his majesty was, in his royal
mind, most graciously disposed to restore the blessings
of peace to his unhappy people,) and those ministers
who wished to make the crown follow a plan of con
duct directly opposite to the advice of his faithful
Commons, were not friends to their country, and
should be deemed criminal.
" This answer of the ministry," Mr. Fox continued, Mr. Fox on
"coupled with their language in this house, was per-J^1"^0111*
fectly intelligible. For here they had declared, and peace with
particularly the minister of the American department, eaca"
the best way .to conclude a peace with America was 'to
make them feel the calamities of war.' This expres
sion the new Secretary of State (Mr. Ellis) had made
use of but a few days ago. His majesty, he sincerely
believed, wished to conclude a peace with America, as
his faithful Commons had advised him ; but his minis
ters undoubtedly meant no such thing, for their lan
guage was different."
After some further debate on other matters con-Eesolu-
nected with the war generally, the motion was put in tio° Put
its original form, and agreed to without a division. ried.

On the fifth of March, the order of the day being to Mr. Wal-
consider of the Attorney General's (Mr. Wallace' s)^ce'a bm
for npjice
proposition for bringing in "A bill to enable his maj- with Amer-
esty to make peace, or a truce, with America," the _^' ^ah
House being in committee of the whole, the Attorney s ' 80j
General rose to make his proposition. " Peace with

810 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American America," he said, "was the great object of his in-
entyPDa d" tended bill : And to such a bill he trusted no opposi-
Great tion whatever could be made from any quarter of the
1777-st. house. Peace was the general wish of this house,
and of the nation at large ; and he hoped that if una-
House of nimity ever marked the progress through parliament
MarchTth, of any bill, the bill which he should have the honor to
1782. propose would be unanimously supported. This bill
was calculated to remove certain bars and impediments
which stood in the way of peace, viz. :
Mr. Wal- " By an act, commonly called the Prohibitory Act,
for peace aU commerce whatever was cut off between the Colo-
withAmer-nies an(j Great Britain, until the former should be
ica. declared to be in the king's peace ; that is to say, com
pletely and fully restored to their allegiance to and
Proposes dependence on this country ; a period which, he feared,
theProhib-was at_ so remote a distance that to wait for it before
itoryAct. ^q prohibitory law should be repealed, would be 'both
absurd and ridiculous. The only way now left, in his
opinion, to restore the connection between the two
countries, would be to open our ports to them, without
which no truce or peace could be advantageous to this
country. But the prohibitory act was not the only one
that ought to be repealed : In the year 1774 the con
gress had complained of certain other acts, to which
Also all his intended bill should have a reference : And in gen-
acts reia- erai ^0 aij ac_s relative to commerce with America,
tiveto com- ' '
merce with from the twelfth Charles II. down to the date of the
America. present troubles : By the twelfth of Charles H. every
thing that was destined for the consumption or use of
English America could by law be shipped only in Eng
land ; and the whole produce of the colonies could not
be carried elsewhere than to England: This act of
course would be repealed, as well as many others,
which it would be tedious to enumerate.
"These," the Attorney General further remarked,
"were the outlines ofthe bill, and having said thus much
he would move, that the chair be directed to move in the

THE UNITED STATES OF AMERICA. 811
under the confederation. Part IV.
house, for leave to bring in a bill to enable his majesty American
to conclude a truce, or peace, with the revolted colonies ^jta '
in America." Great
After a brief but unimportant debate, the committee mf-s..
agreed to the motion without a division, and adjourned.

This proposition is no otherwise important, in this Mr. Wal-
connection, than as it developes the designs of the min- pa0csee_ ___
istry in opposition to the independency of America, and for peace
the miserable shuffling policy to which they were driven America.
in their desperate determination to prevent its recog
nition. Whatever plan for a peace was contemplated
by the attorney general it was evident that it did not
include a renunciation of the sovereignty of Great
Britain over America. Mr. Fox gave to it all the con- Mr. Fox's
sideration and all the weight it merited, when, imme- ~opoJi.tlie
diately after the proposition was submitted, he rose and tion.
" assured the committee that nothing but the personal
respect he bore the learned gentleman, had prevented
him from treating the proposition before them just as
it deserved to be treated ; and that was, to burst out
Orlaughing when he heard it, and then walk out of the
house; for nothing," said he, "could be so ridiculous
and farcical as to hear such a proposition from that side
of the house."
But the crisis had now arrived when the sickened ^ <<risis
heart of the nation could no longer endure the calami- people.
ties which had so long oppressed the kingdom, and so
seriously threatened the utter overthrow of the empire
of Great Britain. Deliverance, relief, peace, at what
ever hazard, at whatever sacrifice, was now the univer
sal cry which came up from an oppressed and overbur-popuiar
dened constituency, and fell on the ears of parliament cry for
TlPELCf*
in tones which could not be mistaken or disregarded.
In the language of Mr. C. Turner of the House of Com
mons, " the people had now joined parhament, and were
determined to be no longer the slaves of administra
tion." The king himself was disturbed, and earnestly

812 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American anxious to give security to his crown, by restoring tran-
encyPin d" <luuuty and prosperity to his kingdom.
Great Henceforth the question became not so much one of
1777-82. peace with America, as one of the further continuance
in power of the present confidential advisers of the
Commons cro^11* although the one necessarily involved the
March 8th, other. The war itself was reduced to this single issue,
and the real seat of it was now in parliament. On the
result, the prolongation of the bloody and cruel con-
endish's V* ^c* or the establishment of peace, the further fate of
resolutions both England and America seemed now to depend.
of ocnsurs
on the The battle was commenced on the eighth day of March,
ministry. i7g2J by a motion of censure on his majesty's ministers,
introduced by Lord John Cavendish, and based upon
the following resolutions :
Cost ofthe "Resolved, That it appears to this house, that since
war- the year 1775, upwards of one hundred milhons of
money have been expended on the army and navy in a
fruitless war."
Its results "Resolved, That it appears to this house, that dur-
Britahi?* inS the above period we have lost thirteen Colonies of
America, which anciently belonged to the crown of Great
Britain, (except the posts of New York, Charles-Town
and Savannah), the newly acquired colony of Florida,
many of our valuable West India, and other Islands ;
and those few that remain are in the most imminent
danger."
Present "Resolved, That it appears to this house, that Great
theecon-f Britain is at present engaged in an expensive war with
test. France, Spain, and Holland, without a single ally."
The minis- "Resolved, That it appears to this house, the chief
try at fault, cause of all these misfortunes is owing to want of fore
sight and ability in his majesty's ministers."
The three first of these resolutions contained a sim
ple statement of facts, which in the course of a length
ened, heated, fierce, and even clamorous debate, were
How's not denied on the part of the administration. Even
opinion. Lord Howe, who had served under administration in

THE UNITED STATES OF AMERICA; 813

UNDER THE CONFEDERATION. PART IV.
America, declared, " that the first three propositions American
were so evident and clear to any man, that he was cer-g°0yPf° '
tain no person could vote against them. But," he Great
continued, " as ministers might say, the want of sue- 1777-82.
cess was owing, in a great measure, to his majesty's
officers, he could not, out of delicacy, vote for the commons
fourth proposition, though that to him was perfectly March 8th,
clear with the rest. He was determined, in his own
mind, that want of foresight and ability in his majesty's
ministers were the chief causes Of all their misfor
tunes." All the force of administration was rallied and pres- Vote on
ent in- the house when these resolutions were submitted, tioensre0Sf° u'
while many of the opposition were absent, and a num- censure.
ber of the members were in the same position with
Lord Howe, in relation to the ministry. At two o'clock
in the morning, amidst a great clamor for the question,
the house divided on the motion, and the vote stood,
ayes, 216 ; noes, 226 ; majority in favor of administra
tion, 10. The resolutions were lost.
The discussion was renewed again on the fifteenth Sir John
of March, on a motion made by Sir John Rous, fort;°™ m0"
withdrawing the confidence of parliament from his maj- against the
esty's ministers, which he based on a resolution which m'
he offered, as follows :
"Resolved, That this house — taking into considera- Burdens
tion the great sums voted, and debts incurred, for the *" Great*
service of the army, navy, and ordnance, in this unfor-Britam-
tunate war, to the amount of upwards of one hundred
millions ; and finding that the nation has, notwithstand
ing these extraordinary exertions, lost thirteen ancient
Colonies belonging to the crown of Great Britain, the
new-acquired province of West Florida, the Islands of
Dominica, St. Vincent, Grenada, Tobago and Minorca,
besides several valuable commercial fleets of the utmost
importance to the wealth of. this country ; and that we
are still involved in war with three powerful nations in
Europe, without one single «%— can have no further

814 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union — .
American confidence in the ministers who have the direction of
independ- -j^jj affairs."
ency in ^
Great His lordship prefaced his motion by declaring, that
1777-82. " as ne was descended from a tory family, and had been
bred up in tory principles, this circumstance alone
Commons would screen him, he hoped, from any imputation of
March being devoted to a party adverse in general to admin-
' ' istration. From the first dawn of the American war,
he had felt the injustice and impolicy of it ; and he
came into the house its declared enemy on principle ;
Sir John font at the same time that he was an enemy to the war,
tion he had come into parliament highly prepossessed in favor
Str the of the Nohle Lord in the blue ribban(i (North) ; and he
had felt such a respect for his character that he would
have gone great lengths to support him*. But when he
found that the noble lord persevered blindly to pursue
measures, which had already reduced the country from
the injus- a state of glory and prosperity to calamity and disgrace,
h^oS? be snou^ deem himself an enemy to his country, if he
of the war. did not exert every faculty to remove him, because in
his continuance in office he could see nothmg but ruin
to the country ; by his removal, that ruin, perhaps,
might be" prevented. The weight of public calamity
was felt everywhere ; and he wished to know if there
was a single independent member in the house, who
could lay his hand upon his heart and say, that he did
not believe the noble lord in the blue ribband (North)
to be the author of the calamity ; the author of the
American war, and of the long train of evils that had
already attended it ?"
Lord G. H. Lord George Henry Cavendish seconded the motion,
Cavendish sayinp\ " he did it from no other motive whatever than
seconds . •> D'
the mo- that of doing his duty to his country ; without any am
bition to urge him, or resentment to gratify. His only
object was to contribute everything in his power to
save a sinking state. He had no intercourse with min
isters ; he was very little acquainted with them ; and
therefore the step he now took, could not be for the

, THE UNITED STATES OF AMERICA. 815
UNDER THE CONFEDERATION. PART IV.
purpose of distressing men who had never injured him. American
The situation of the country was such that he fear6d indep?nd-
^ ency in
its affairs could scarcely be retrieved by any set of men Great
in the kingdom ; but if they could, it must be by talc- 17" £_!_,
ing them out of the hands of those ministers who, in House of
his opinion, were the authors of all our present Commons,
calamities." 15th, 1782*
Mr. George Onslow, on the part of administration Mr. George
said, " he agreed with the other side of the house that defends
the American war was the source, origin, and cause, adminis.-
of all their present misfortunes. But he contended
that there were some facts relating to it antecedent to
the administration of the noble lord in the blue ribband
(Lord North,) for which he was not responsible. The
first thing that occurred to him was the Stamp Act. Refers
He thanked God he never gave a vote for that act; for^g1ttrtou^<Sf
he believed, in his conscience, and upon his honor, that Stamp Act.
it was the source of all our public calamities. The
Americans rose up against it as one man, and would
have plunged into a war if it had not been repealed ;
but what followed the repeal? The next, a Declara- 2d, Tothe
tory Act, which gave as much offence to the Americans Deciarat°-
as the stamp act, for it maintained and asserted that
right of sovereignty which the stamp act was calculated
to enforce. Of this Declaratory Act the congress in
their manifesto had spoken in the most severe terms,
and complained of as the greatest grievance.
" The nation at large upheld the idea of sovereignty Sovereign-
over America. All that was great in England had sancti- Africa.
fied the idea with their suffrage and authority: Nay,
even the great Lord Chatham himself, had declared, in
full parliament, that if America should manufacture a
stocking, or so much as forge a hob-nail, he would make
her feel the whole weight of the power of this country.
The principle of the war therefore had been held by
Mr. Grenville in his Stamp Act; by the Marquis of
Rockingham in his repeal of it; and by the great Earl

816 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American of Chatham himself, in his speech upon the Declaratory
independ- . » ,,
ency in -n-Ct.
Great _jfr> j0jm Townshend said, " that gentlemen by assent-
1777-82. ing to the present motion, would do an essential benefit,
House of not only to their country, but to their king. The con-
March0118' se1uence would be the removal of those ministers who
15th, 1782. have reduced this country from the highest pinnacle of
Sir John glory, to the meanest and most contemptible situation
motion that can be well imagined: At a time when we should
against the expect ministers addressing this house to be filled with
ministry. r . , ° .
penitence and contrition for the disgrace and misery
they have, through ignorance and incapacity, brought
upon this country; we find them still persevering in
that obstinacy and those principles, which have been
Trwns-hu already so destructive to the nation, and which have
hend advo- almost annihilated us as a people. Can any gentleman,
motion.6 from his conscience, believe that the present administra
tion can be any longer confided in, who have so con
stantly and uniformly deceived this house? We need
only look into his majesty's answer to the address of
this house, dictated by his ministers, and we there see
the same evasion and duplicity which have character-
The king's ize(j tne conduct of administration in this house. There
answer to ,.. . „ . „,
the ad- is nothing explicit or expressive ot the sense of the
dress- nation conveyed in the answer to our address to the
throne We are left as much in the dark with respect
to the real intentions of tlie crown, as if we never had
received any answer. He hoped gentlemen would, to
night, show how sensibly they felt the many calamities
and misfortunes which had befallen this devoted coun
try ; and tliat they would rescue it, if possible, from the
brink of ruin, to which it was now verging with hasty
strides, by removing the cause from whence all our evils
had sprung."
Lord The debate was continued by Lord North, who rose
others and w*tn considerable emotion, and evidently under great
embarrassment, to repel the imputations so lavishly
bestowed upon him. He was ably answered and se-

THE UNITED STATES OF AMERICA. 817
¦  ¦  *  — — — — ^— -^_^^^_ ________________________ — —
UNDER THE CONFEDERATION. PART IV.
verely dealt with, by Mr. Fox^ who was followed by American
Sir John Cavendish, and Mr. William Pitt, in favor of £ncyPn_d"
the motion; and the Lord Advocate of Scotland, andGr?a*
Mr. Secretary Ellis and others, against it: After which 1777-82.
the house divided on the question — ayes 227, nays 236 ; House of
majority against it 9. March0"8'
When the ministry were in the lobby, Mr. Fox said, 20th, 1782.
" that upon consulting with the gentlemen near him, Debate on ,
it was thought right that a motion to the same effect ai of the
should be proposed on Wednesday next." ministry.
Wednesday, March 20th. The house was to-day
more crowded with members than it had been since the
beginning of the session, or during the existing reign ;
and the crowds of spectators were in proportion greater
than usual. At a quarter after four o'clock, when the
house was ready to enter upon the great business of
the day, and the speaker had called to gentlemen to
take their places, Lord Surrey, the member who was to
have made the motion, as suggested by Mr. Fox, stood
up ; just at the same moment Lord North got up. Each Lord Sur-
noble lord seemed determined not to give way to the ][%.,_
other : This created a great deal of confusion, one side Northstrive .for
of the house crying out loudly for Lord Surrey to speak t_e _oor-
first; the other side as loudly crying out for Lord
North : At last,
Mr. Baker rose to speak to a point of order. " He Mr. Baker
thought it indecent in the noble lord in the blue rib- pomt 0_
band (Lord North) to rise at a time when he knew the order-
noble Earl had a motion of the greatest importance to
submit to the house."
Lord North said, " that it was not through disrespect Lord
for the noble lord that he had risen ; but merely to save explains.
him the trouble of making, and the house that of dis
cussing, a question, which, at present, he might say,
was wholly unnecessary."
Mr. Baker again called the noble lord to order, say- Mr. Baker
ing, "that he had no right to know of what nature or_f0rt„ t«
complexion the motion was, or would be, which hisorder'
52

818 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American noble friend had not yet made; and that therefore it
encyTn " was highly unparliamentary in the noble lord to say
Great that it was become totally unnecessary."
1777-82. Lord North insisted, " that it was not disorderly in
House of him to suppose ho knew, or to say he knew, what was
^°™m°ns' the substance of the motion which the noble lord was
20th, 1782. then going to make ; for it had been publicly announced
Debate on to the house some days ago, by an honorable member,
al of the (Mr. Fox,) that a motion would be made on this day,
mimBtry- similar to that which had been rejected on Friday last:
And, therefore, having all the information which he
could derive from such a notice, it was perfectly com
petent for him to rise, if he pleased, to move to adjourn,
in order to prevent the discussion of a question which
he no longer thought necessary. His reason for think-
_or_ ing it was no longer necessary, was, that as the object
North an- 0f the motion was to remove his majesty's ministers,
nounces a ,-,-, ,. 77.
change in he could take upon him to say that his majesty s minis-
the minis- ^ers were m more ; and therefore the object being al
ready attained,, the means by which gentlemen had
intended to obtain it, could no longer be necessary."
Excite- The other side of the house now called out, "Lord
ment, and Surrey! Lord Surrey! " accompanying it with the words,
Lord "no adjournment! no adjournment!" when Mr. Hop-
urrey' kins obtained a hearing, and said, " though he was ready
to admit the noble lord in the blue ribband (Lord
Mr. Hop- North) had not been out of order before, he had been
kins. most thoroughly out of order in what he had now said.
The noble lord had no right to presume what was the
tendency of any motion intended to be made, before it
was made : Every syllable, therefore, that he had said
relative to tho motion to be expected from the noble
lord near him, was clearly out of order."
The House A clamor now prevailed in consequence of an infinite
ciTmorous numDer °f members, on both sides of the house, rising
to speak at once, but Mr. Pitt obtained tlie preference,
after Lord North had said, " I did not put a question of
adjournment, I merely informed the house what I meant

THE UNITED STATES OF AMERICA. 819
¦  .  ,
UNDER THE CONFEDERATION. PART IV.
to have done had I been heard when I first rose;" to American
which Sir Fletcher Norton, in the chair, assented. eneyTn "
Mr. William Pitt then said, " he was sorry to see that Great .
the noble lord in the blue ribband had attempted to 1777-92.
excite the attention of the house, before a matter of House of
such universal expectation as the motion, which it was M°™™ons'
known for some days past would be made by the noble 20th, 178-.
lord near him, was heard; and more so that this had
given rise to so much heat, eagerness, and disorder.
He should have conceived the regular mode for the
noble lord in the blue ribband to have proceeded, would ^"p^j
have been to have waited till the other noble lord had obtains the
made his motion, and then, if he had thought it right 00r'
or proper, to have moved his question of adjournment,
and upon that to state in his speech his reasons for
urging such adjournment. By so doing, the house
would have seen their way clearly and distinctly, and
would have been able to have -formed a judgment fitted
to the occasion, without showing any of that heat and
eagerness, which was in no case proper, but least of all
in a moment like the present."
Mr. Fox finding that the house was in very great Mr. Fox
confusion, thought that the best way to produce order _"fi__nce
was, by moving that Lord Surrey he heard to make his in Lord
motion : " He thought this the more necessary, as the _ertion. 8S"
house could not place any confidence in the word of
the minister ; and therefore ought not to believe, upon
that word, that the king's ministers were no more.
The bouse ought to take care, and it had it in its power
effectually to take care, that the ministers should be no
more : A vote of that house would suffice, and while
they had it in their power to pass such a vote, they Moves that
ought not to omit it : He would therefore conclude rey be
with moving, that the Earl of Surrey do now speak." heard-
This motion being read from the chair, Lora North L°rd
at once sprung to his feet, and said, "I have now atlkesVe
right to speak to the question : " And after a few fl°.0I> on
prefatory remarks' in reply to Mr. William Pitt, he tion.

820 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American went on to say, " the house will remember that in the
encyPin d debates which had taken place repeatedly within these
Great walls, in the course of the past three weeks, it had
Britain, . . . _ '
1777-82. been agam and again declared that the country was in
Houseof a state of distraction and confusion: That there was
March"113' no administration, that everything was at a stand,
20th, 1782. an(_ that he was the obstacle to good government and
the remov- g°°& or(ier being restored. He had come down this
al.of *he day, therefore, to assure the house that he was no
ministry. longer the obstacle he had been described to be. He
would not mention names, but he could with authority
assure the house that he was no longer the obstacle he
had been described to be. He would not mention
Lord names, but he could with authority assure the house,
North re- _nat his majesty had come to a full determination to
avows tne .
ministry at change his ministers. This intelligence he had con-
an en " ceived would have been sufficient to have induced the
liouse to be of opinion, that it would be altogether un
necessary to debate a question which had for its object
a removal already effected ; and with that view it was
that he had offered himself' so early to the notice ofthe
chair. He could pledge himself to that house that his
majesty's ministry was at an end. The crown had re
solved to choose new ministers ; and he hoped to God,
whoever those ministers were, they would take such
measures as should tend effectually to extricate the
country from its present difficulties ; and to render us
happy and prosperous at home, successful and secure
abroad. Having said thus much, his lordship declared
that unless the motion of the noble lord (Surrey) was
not what he supposed it to be, that it did not go to any
new point, nor aim at more than the bare removal of
ministers, he saw no reason for putting it then."
After thanking the house in a very handsome and
feeling manner "for their partiality to him on all,
and — he would use the phrase — for their forbearance
on many occasions, and their general support of him
during the previous years of his administration ; and

THE UNITED STATES OF AMERICA. 821
under the confederation. Part IV-
assuring the house that he would on no account avoid American
i .iiii -i mdepend-
any inquiry that might be thought necessary with re- ency in
gard to him, he concluded by moving the question of ^'.et^n
adjournment." 1777-82.
Mr. Fox said, " that it did not seem to be a matter j?™8^.
of any great importance whether the motion of his March 20,
noble friend, the Earl of Surrey, should be put, or they
should trust to the solemn declaration made by the Mr. Fox on
noble lord (North.) He could have wished, perhaps, *® fr<j_J° v"
that the motion were put and carried ; because it would ministry.
then manifestly appear to the nation at large, that the
ministers of the crown did not retire either from the ca
price of this or that minister, or from their wishing to
go out, or from their being tired of their situations, or
for any of the common reasons which ordinarily occa- inclines to
sion the resignation of ministers ; but because it was N0rth's as-
the sense of parliament that they should retire ; be- trance.
cause this house had expressly called upon the crown
for their dismission ; and because the good of the coun
try made it absolutely necessary ! These were the rea
sons which impelled him to wish the motion put and
carried. On the other hand he considered, from the
recent action of this house, the great end of carrying
the motion of his noble friend was already, in his mind,
and, he believed, in the consideration of all Europe,
effectually answered : And he hoped whoever should
be called upon by their sovereign to form the new
administration, they might ever hold it in their minds Thinks the
that his majesty's late ministers were dismissed because Amotion
parliament disapproved of the system of their govern- gained.
ment : And it was evident from parliament's having
gone so far to effect a removal of ministers, that it
would be expected that their successors should act upon
different principles, and in a manner totally opposite."
Mr. Fox concluded by advising his noble friend, Advises
(the Earl of Surrey,) not to make his intended, motion reyrt0 "J.
that day, (Wednesday,) but to reserve it to be made serve his
,, . , , , , ,, n , . motion.
on Monday, 111 case the noble lord s declaration on

822 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American Monday should fall short of its expected completion,
independ- TT1 , . i -, -,. . iti
ency in He also agreed to withdraw his own motion, that Lord
Britain Surrey be now heard.
1777-82. Tlie Earl of Surrey said, " that he was not fully con-
House of vinced that his motion ought not to be put. On the
Commons, a r
March 20, contrary, the whole weighed in his mind as an addi-
_ _ ' tional argument for its being made : He was not, how-
Debate on -

the remov- ever, at all desirous of pressing it upon the house,
ministry snoum it De the general opinion that it would be better
not to put it. What had fallen from his honorable
Th E l frieim> wno na<^ Just sa,t down, certainly weighed a
of Surrey, good deal on his mind : He should therefore listen to
- what might fall from gentlemen of all parties, and
reserve to himself a right to put his motion if he felt
his own opinion supported by that of the house."
Mr. Rigby Mr. Rigby " declared, for his part, he could not see
thill KS fnp
motion un- the least occasion for such a motion as that which had
necessary, been expected, after what had fallen from the noble
lord in the blue ribband. He had no idea that the
noble lord's declaration was not sincere, and that every
word that had dropped from him was not to be depend
ed upon. Indeed should any minister venture to come
down to this house, and make such a declaration as
that which the house had heard from the noble lord in
He con- the blue ribband, merely for the purpose of deluding
Lord™ parliament, he knew not words of sufficient import to
North's as- describe the infamy of that sort of conduct : He was
persuaded the noble lord had no fallacious intention
whatever ; and if it should hereafter turn out that the
smallest deceit was at the bottom of what had passed
this day, he pledged himself to the noble lord behind
him (Surrey,) not only to support his motion next Mon
day, or whenever he should be pleased to make it, but
further, to join with him in a motion of censure as
strong as parliamentary precedent would- allow.
Advised " With regard to the noble lord who had declared
North to that he was no longer a minister, he ever had enter-
withdraw, tained, and he still entertained, the highest respect for

THE UNITED STATES OP AMERICA. 823
UNDER THE CONFEDERATION. PART IV.
him. The noble lord, in his mind, was perfectly justi- American
fied in retiring, after such a division as that of Friday inaeP?ud?
last. He had advised him to retire : A majority of Great
nine was nothing ; and it appeared to him that there 1775-82.
was no standing against so respectable a minority as
two hundred and twenty-seven men of great abilities House of
and high character. That minority growing out of the MarchTo'
feelings of the country, in consequence of the distress- ll?82-
es of the war, must outweigh any minister, let him •
possess abihties even greater than those of the noble Mr. RigBy
lord in the blue ribband. Indeed, such a minority, thinks the
. ' ;» 'sentiment^
on a motion for withdrawing confidence from min- against
isters, was a hint too broad to be misconceived or™™^.
trifled with. As to the new ministers, be they whoerms-
they might, he hoped they would form an administra
tion on a bold, solid, sound basis, and would prove
• equal to the task of extricating the country from its Pledges
present difficulties. They should have his support at ^mpSgft *9
least, and he should rejoice most heartily to find tlieir new minis-
endeavors .to save their country prosperous."
Mr. Powis sftid, after stating the question before the Mr. Powis
house: "Having heard the declaration of the noble defeTthe0
lord in the blue ribband, which he was inclined tomoti8nfor
believe, he should advise his noble friend (Surrey) to0f the
give up the idea of making the motion which hemmi,tey'
intended, for the present. But if on Monday next it
did not appear that every atom of the present adminis
tration, those that were ministers behind the curtain,
as well as the ostensible ministers, the invisible as well
as the visible agents that had governed the country so
long, and precipitated it to the verge of ruin, were
removed, then he should wish his honorable friend to
bring forward his motion, and take the sense of the
house upon it."
After further debate on the subject, which was par
ticipated in by Mr. Fox, Mr. Burke, Lord North, and Lord Sur-
others, Lord Surrey rose and said, "that his private vef re~. .
serves hm
opinion was that his motion ought still to be put, fprmotipn.

824 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American all that had been said by the noble lord was no argu-
encyPin d" meQt against it ; but the house being of another opin-
Great ion, he was ready to submit : But he must now say,
1118-82. that as a right honorable gentleman (Mr. Rigby) had
pledged himself to support him on Monday, in case
Houseof any deception should be practiced, he gave notice,
March 20,' that should that appear to be the case, and any part
1782. 0f ^he present administration remain, he would, on
Debate on Monday, come forward with a motion, not the same
alo/Xr" as ne hitended to have moved, which was in substance
ministry, to complain of administration, and to resolve on an
address for a change, but a very, very different motion
indeed ! "
This declaration was supported by cries of "Hear
him ! hear him ! " from every side of the house.
SirR. Sir Robert Smith said, "that he had intended to
tended"^ second the motion which was to have come before the
second the house this day ; and feeling a similar resentment if he
should be deceived, he would certainly second any
motion which spoke the. anger of this house."
Mr. c. Mr. Charles Turner rose to deliver his sentiments,
Turner, ^t the clamor was so great, and his voice being weak,
he could not be heard.
Mr. Fox j\fr. Fox now withdrew his motion, "that the Earl
his motion, of Surrey do now be heard ; " and Lord North with-
Lord drew his first question of adjournment, and moved the
withdraws house to adjourn to Monday morning next, which was
his ques- immediately complied with, and the liouse rose at six
o'clock. Adjourned to Monday, March 2Sth.
Monday, Monday, March 25th, 1782. The house was very
arch 25. greatiy cr0wded, as a rumor prevailed that at twelve
o'clock the negotiation for a new ministry was not
concluded : As soon as the private business was over,
Mr. Dun- Mr. Dunning rose and said, "it was with peculiar
ning an- satisfaction he found himself enabled, through some
nounees a . .
change of communication he had had this day with a most re-
muustry. Spectable member of the upper house, to inform gen
tlemen that arrangements were now making for form-

THE UNITED STATES OF AMERICA. 825
UNDER THE CONFEDERATION. PART IV.
ing a new administration, which he trusted would American
meet the wishes of the house, and of the nation at 1e^dl7pmld"
large. In order, therefore, to give time forthe final Gr?at
adjustment of those arrangements, he would move an 1777-82.
adjournment of the house till Wednesday.
Lord Surrey expressed " his satisfaction at hearing House of
that such arrangements were likely to take place ascrommon3'
° " 1 Mar. 25th,
would render it unnecessary for him to trouble the 1782.
house with his intended motion. He cautioned gen- Lord Sur-
tlemen, however, to beware of thinking that their ™yesl*~
work was complete: A new administration, he said, satisfac-
was not tlieir sole object ; it was desirable only inas- announce-
much as it would contribute to save the state : But the ment-
ship was not yet in port, and he was afraid that the
united efforts of the greatest abilities of their states
men, and the greatest exertions of their officers, would
be barely able to save her.
On the question being put, the house adjourned to The house
Wednesday, March twenty-seventh, inst. adjourns.

In the House of Lords, the • Earl of Shelburne House of
stated, " that he had on this day intended to have Jj°rrdh' 22
made amotion for the removal- of his majesty's min-!782.
isters: He trusted that their lordships would agree
with him that there were the most just and solid The Earl
grounds for such a motion, and consequently that hc.___^_3_n
had not for slight or frivolous reasons, caused their the re-
lordships to be summoned this day. ¦ The deplorable the min-
state into which the army had sunk ; the wretched iairJ'
condition of the navy, once the pride and bulwark of
the nation, and the terror of our enemies ; the dis
tracted state of our finances, which are nearly ex
hausted ; the glory and reputation of the country
sullied and almost destroyed ; were subjects that af
forded an ample field for melancholy reflection, and condition
fully justified the trouble he had given their lordships of the
countrv
to attend this day. But, above all, the state in which
the country had been for the last three weeks, strongly

826

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

American
independ ency in
GreatBritain, 1777-82.

House of
Lords,March 22,
1782

The Earl
of Shel
burne on
the re
moval of
the min
istry

Lord
North's declaration ques
tioned.

argued the propriety of the motion, which, when he
moved their lordships might be Summoned, he had it
in contemplation to make.
"His majesty's first minister hath declared, that he
held himself bound to obey the order which the House
of Commons had, in its wisdom, made relative to the
war in America ; and yet the same minister had repeat
edly professed that he did not understand that order.
Sorry am I that the alarming situation of public affairs
has made it necessary, either that the country should
be completely ruined, or that the legislative should
interfere with the executive power, and direct it how
to act : But still more sorry am I, that, after such a
disagreeable step had been made necessary, and taken,
the administration of affairs should remain in the
hands of those who pretended not to understand the
meaning of the House of Commons : It was, therefore,
to remove such men from his majesty's councils, that I
had resolved to make the motion which it was my in
tention to have submitted this day to the consideration
of your lordships. But as I understand that the object
of the motion is already answered, it rests with this
liouse to determine whether it would be more proper
to make it, or to suppress it. For my own part, I am
free to say, that I no longer think it necessary. A
noble lord in the other house has said, (and at the
same time he informed that house that he spoke from
the highest authority,) that his majesty's ministers
were no more in office ; or, if in office, that they
remained only to transact official business. I do not
doubt the truth of the assertion ; but when I reflect
that the noble lord (North) to whom I allude has so
completely rooted out of the minds of the people
every degree of confidence in his word, it is not sur
prising that there should exist, as there certainly does
exist, men who cannot bring themselves to believe that
administration is at an end, or that what that noble
lord has said might be relied on: I confess, at the

THE UNITED STATES OF AMERICA. 827
UNDER THE CONFEDERATION. PART IV.
same time, that I admit the propriety of their diffidence American
in that minister's word. I myself do not entertain a encyP_a d"
doubt but the declaration he has made to the other Great
house is founded in truth : Because I think that to 1777-82.
attempt to deceive parliament by such a declaration,
is so scandalous, so hazardous, and so dangerous aL°"ds°
measure, that I believe not one of his majesty's minis- March 22,
ters can be found so hardy as to resort to it. If I
should be mistaken in this opinion, which I trust I am
not, I would go as far as the power of parhament
would permit me, to punish their audacity.
" Taking it then for granted, that the object of the The Earl
motion is already attained, I think it would be inex- bum^on
pedient to press it upon your lordships ; and that it the remov-
would be proper to wait until the wisdom of his maj- m^ry.
esty shall form such an administration as may carry
with them the confidence of the people, save the em
pire from destruction, and rescue the character of the
nation from contempt. When such an administration Pied„eg
shall be formed, I pledge myself to give them my most himself to
firm and cordial support as long as they shall act in 0f6a right-
conformity with those principles which I have uni-mmded
~ ¦> . , • -i . ,1 • 1 t -, ¦ -.. . ministry.
formly maintained m this house : 1 have m my politi
cal character acted always upon principle, and Upon
principle I shall continue to act to the last moment of
my life. I will not say more ; this is not a time for
professions: The times are critical and dangerous:
Men must soon be known by their acts, and not by
their professions."
The motion was suppressed for the present by his Waives bit
lordship, and the House of Lords adjourned to them°tio».
twenty-fifth inst* In the interim a new Cabinet was
announced.! fThe new Cabinet was as follows, viz. :
Marquis of Rockingham — First Lord of the Treasury.
Earl of Shelburne, > j^ Secretarieg of State. brett'sPar-
Mr- Fox> ) liamentary
Lord John Cavendish — Chancellor of the Exchequer. Register,
Admiral Keppel, created a Viscount — First Lord of the Admiralty. 1782.

828 THE GOVERNMENTAL HISTORY OF
 2  -——————_________ 
Part IV. - the permanent union
American Thus terminated the war of the nation against the
encyPind" government, of the parliament against Lord North's
Great administration ; and with it terminated the more dis-
1777-82. astrous conflict of arms which had so well nigh over
thrown tlie empire of Great Britain. Peace had long
adminis. been the desire, and was now the earnest hope and
tration, craving of the people. But it had become evident to
1782. ' all - thoughtful and reflecting men of ali parties, that
there could be no peace short of a relinquishment of all
The basis claim of sovereignty over America. This was the basis
struction!1' on which the new administration was inaugurated and
came into power. And although there seemed to be
differences of opinion in the new cabinet, as to the ap
petency of recognizing the independence of the United
States of America, whether before or after opening
negotiations for peace ; still it was seen and felt by all,
that the question itself could not be avoided, or set
aside, or long postponed with safety. It was a matter
of self-preservation of much greater moment to the
kingdom and people of Great Britain than it was to the
people of America.
Embar- But under the new order of things the Marquis of
in the new Rockingham suddenly deceased. Mr. Fox, one of the
cabinet, new' Secretaries of State, and Lord John Cavendish, the
new Chancellor of the Exchequer, as suddenly with
drew from the appointment. The whole nation was now
distressed with anxiety on account of the reputed divis
ions in the new cabinet of which these resignations
seemed to be the bitter fruit. Vast numbers of spec-
House of tators therefore crowded into the House of Commons
July 9th. ' on the ninth day of July, when, it was rumored, the
reasons for these withdrawals would be given.
Duke of Grafton — Lord Privy Seal.
Lord Camden — President of the Council.
Duke of Richmond — Master-General of the Ordnance.
Lord Thurloe — to continue Chancellor.
General Conway — Commander-in-Chief of the Forces.
Mr. Dunning — Chancellor of the Duchy of Lancaster, and created
Baron Ashburton.

THE UNITED STATES OF AMERICA. 829
UNDER THE CONFEDERATION. PART IV.
Mr. Fox, in the course of a debate upon another mat- American
ter then before the house, alluded to his having been ^Jf"4*
recently one among his majesty's new confidential ad- Great
visers ; and avowed, " that the first grand principle with 1777-82.
which the new administration set out was, that they
should offer to America unlimited, unconditional, inde- explains
pendence, as the basis of a negotiation for peace, and__aws_ "
finding a difference of opinion existing on this subject
in the new cabinet, he felt bound in all consistency to
withdraw, and did withdraw."
The Earl of Shelburne, joint Secretary of State with The Earl
Mr. Fox, was promoted to the vacancy created by the ?f SheJ"
death of the Marquis of Rockingham ;* and although promotion.
he had always been opposed to American independency,
yet on being elevated to that responsible position, at a is in fa-
crisis like the present, he recognized the necessity of A°me°;can
somewhat modifying his own opinions in respect to the independ-
mode of accomplishing the desired peace. It was before ency'
the Earl's elevation to the position of the first lord of the
treasury was announced, that Mr. Fox withdrew from
the cabinet. It was after it that he (Mr. Fox) made Gen. Con-
the above avowal in the liouse; in reply to whicli, Ge«-*£resft"t_e
eral Conway declared " that it was the opinion of the p°uct of
cabinet to give full, unconditional, and unlimited inde- cabinet.
pendence to America."
Mr. Fox, in reply, said, " that he could not under- Mr. Fox,
take to say what was now the opinion of the cabinet. m rep 7'
He never heard it from the Earl of Shelburne in the
cabinet, but he could assure the house that it was not
the opinion of the cabinet when he made the deter
mination to resign. But if it was now the opinion of
the cabinet, he congratulated his country on the conse-
* In the new arrangement of the cabinet, the Earl of Shelburne to be
first Lord of the Treasury, vice the Marquis of Rockingham, deceased.
Lord Grantham, ) Principal Secretaries of State,
T. Townshend, J vice the Earl of Shelburne and Mr. Fox.
Honorable Wm. Pitt, Chancellor of the Exchequer, vice Lord Caven
dish.

830 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
American quences of his resignation ; for he (Mr. Fox) had been
encyPend' aD*e to ^° more towards the deliverance of his country
by resigning his post, than he was able to effect with
c°mm°ns a^ *ue wrfce 0l" argument when he remained in."
July 9th, General Conway reiterated the assurance, that inde-
1782G c pendence to the thirteen states of North America was
way reit- to be the basis of all their negotiations with them ; that
declara-8 they were to be treated as independent in the very mode
tion. qf carrying on these negotiations.
Mr. Fox, Mr. Fox replied again, that it was now a week since
m rep y' he had the honor to be one of their number. A gen
eral conversion might have been lately wrought on
them. They were not, he repeated, agreed on any such
system when he knew them.
Mr. Fox continued to defend himself for so hastily
leaving the cabinet, and attributed to the Earl of Shel-
Seep. 784. burne, a change of sentiment, in view of his recent ele
vation, which amounted to an inconsistency, or want
of principle, which he himself was incapable of. He
was evidently chagrined with the thought, that if he had
remained in the cabinet he might have been the subject
of that promotion which had fallen to the lot of the
noble Earl.
way de-°n' General Conway replied briefly, saying, " he must
fends the beg the honorable gentleman's (Mr. Fox's) pardon for
net°a " observing, that in mentioning Lord Shelburne's merit,
in respect of his advice and its effect upon his majesty,
he was certainly not a little mistaken ; for "he would
please to observe that the independence of North
America had never been made a question in this house.
It was on this account the more necessary to discuss
tlie question with his majesty ; which having been done
The king repeatedly by the first lord of the treasury, ( Shelburne?)
of^he06 ne na,d Deen aD^e to convince his royal master, that a
necessity declaration of American independence was, from the
OI rGCOST"
nizing situation of this country, and the necessity of the case,
independ1- the wisest and most expedient measure that govern-
ence. ment, from the pressure of present circumstances, could

THE UNITED STATES OF AMERICA. 831
UNDER THE CONFEDERATION. PART IV.
possibly adopt. He must think it greatly to his lord- American
ship's honor, who had, in this instance, done more than encyPin *
all his predecessors could do before him : Therefore it Great
• • • • Britian,
was a satisfactory reason in his own mind that nothing 1777-82.
less than such a measure in its utmost latitude was cer
tainly meant by the cabinet."* Lords,
The policy of the new administration was further set J"|y 10tll>
forth in the House of Lords, on the tenth day of July,
1782. Upon a motion to adjourn, made after the trans
action of private business,
The Duke of Richmond, immediately arose, and said, Policy of
that as he considered this was the last day of their adminis-
meeting previous to the prorogation, he could not con-^a*l°n>
sent to the question for adjourning, until he should the duke
have said a few words to their lordships on the late ^-^ "
revolution which had taken place in his majesty's coun
cils. He commenced by eulogizing the late Marquis Explains
of Rockingham, attributing to his decease the dissolu- io„s fa the
tion of the unanimity in the new cabinet. He then cabinet.
alluded* to. the resignations of Mr. Fox and Lord John
Cavendish, and continued to say, " it was now proper
for him to give his reasons for not having followed
the example of these two very respectable persons.
There had been laid down certain principles which
he conceived to have been the basis of the administra
tion that was formed on the ruins of that which had
been overturned, in a great measure, by the great pow
ers of one of the two characters (Mr. Fox) he had
alluded to. He had not hitherto observed, and he had
been watchful on that head, the least deviation from
any one pf these fundamental principles. As long
therefore as he should find that by these principles the
noble lord near him, (the Earl of Shelburne,) now at
the head of the treasury, should conduct the measures
of his administration ; so long he should conceive it to
be his duty to give him every support in his power : _rett'sP_r-'
But the moment he should discover in him an inten-liamentai7
• 1 Register
tion to abandon those principles, from that moment he 1782.

832 THE GOVERNMENTAL HISTORY OF
Part IY. the permanent union
American would stand foremost in the most determined opposi?
independ- tjon t0 his government. These principles were,
Great " 1. The independence of America.
m7-8_. " 2- That a plan of reform should be adopted in all
the departments under the crown.
House of « 3> That the influence 0f the crown in pariiament
July ioth, -was to be diminished.
Polic of " ^ne **rs* °^ these great principles, was the inde-
the new pendence of America. The new administration had
tration3* come in on this express ground, that peace with America
stated by was to be obtained at any rate. That is to say, in plain
of Rich- English, that the independence of America should not
mond- stand in the way of so desirable an object as peace with
that country. It was not intended that this country
The great should submit to any humiliating terms ; but peace was
one of ' to be obtained at any rate. From this principle he had
peace with nQj. ye^ perce_Ved the least deviation, and consequently
American he saw no reason why he should withdraw himself from
independ- COuncils, which, he conceived, were governed by the
encynotto ' ' . , . , . . .
hinder it. letter and spirit of the original stipulation of the cabi
net with the king. And here he felt it incumbent on
him to declare, that his majesty had performed with a
religious scrupulosity all that he had promised ; and
had not once manifested the least symptom of a desire
to deviate from his stipulations. He was thoroughly
satisfied that no change was intended by his majesty to
be made in the cabinet foamed at the downfall of the
late ministry ; and he verily believed that no change
would have been made, if the fatal event to which he
had already alluded had not made it necessary. Peace
with America was certainly the most pressing object at
present, and he firmly believed it to be the object near
est the hearts of all his majesty's ministers. Various
might be the means of obtaining this great point ; but
though there might be a difference of opinion as to the
means, he was satisfied that they were all united as. to
the end. The session was now drawn to its conclusion,
and nothing of course could be now done by pariia-

THE UNITED STATES OF AMERICA.

UNDER THE CONFEDERATION. PART IV.
ment relative to America ; but this much he must de- American
clare, that.it was his firm opinion, that this country could enCyPin
not be safe if before the end of the next session an act Gr?a*
should not pass io declare America independent. 1777-82.
The Earl of Shelburne rose next, and after thanking
the noble duke for his good opinion of him, and re- Lord's" ° -
marking on his position in the new cabinet, proceeded ^7 10tn>
to say " it had been insinuated, that he had changed
his opinion relative to the independence of America. Policy of
But this was not the fact: His opinion on that sub- admtoil
ject was still the same that it had ever been : He had tration.
declared it often, and he would repeat it now in the the Earl of
most public and explicit manner. It had ever been his Shelburne-
opinion that the independence of America would be a
dreadful blow to the greatness of this country ; and that
when it should be established, the sun of England
might be said to have set : He had always therefore Compelled
laboured to prevent so fatal a misfortune from befalling by necessi-
his country: He had used every effort in public andced^indT-
in private, in England and out of it, to guard it from Pendenoe-
so dreadful a disaster : But now the fatal necessity of 7__.page
seeing it fall upon us appeared in full view ; and to
necessity he might be obliged to give way, but to
nothing short of necessity would he give way on that
head : And when he should have done it, he would
confess that the greatest misfortune had arrived that had
ever befallen Great Britain. But while he felt the
necessity of giving way to unavoidable misfortunes, he
was free to say, that it was his firm opinion the melan
choly event had been hastened by the rash and precip-This ne-
itate advice that had been so frequently given by somecess!tyna3'
people, some years ago; to acknowledge an independ- former^
ence which then might have been destroyed in the bud. c.onoes'
It had been insinuated elsewhere, that had his princi
ples been known relative to American independence
the people of America would be backward to treat with
him for peace ; but he had learned sufficient by the
information he received during the last two months
53

834 THE GOVERNMENTAL HISTORY OF
Past IV. the permanent union
American that he was Secretary of State, and since, that there
i^tpf^d' was no man with whom the Americans would more
Great willingly treat than himself. As to the steps that had
1777-82. been already taken towards a peace with America, his
lordship entreated their lordships would give him credit
Houseof when he assured them, that the principle laid down
jT^ioth relative to peace with America at any rate, and which
1782. ' had been so correctly stated by the noble duke, had
not in the smallest degree been departed from. The
Policy of despatches on that subject must remain secret for the
admuiis- present, but the day would come when the publication
tration 0f them could not be attended with any injury to the
the Earl of public. To that day he looked with an earnest anx-
Sheibume. jet_, . jje trusted it was not far distant : He hoped he
Resolved would be able to lay them upon the table of both
to have houses of parliament early in the ensuing session when,
America at he was convinced, their lordships and the public would
any rate. ^ gatisne(j tuat tjie insinuations thrown out, relative
to a change of system in America, were totally without
foundation. " The language of despondency which had been so
often held, had never, in his opinion, been productive
of any good. He would have the world know, that
though this country should have received a fatal blow
by the independence of America, still tliere was a deter
mination to improve every opportunity, and to make
the most vigorous exertions to prevent the court of
France from being in a situation to dictate the terms
of peace : The sun of England would set with the loss
of America, but it was his resolution to improve the
. twilight, and to prepare for the rising df England's sun
again, and he hoped she would see many, many more
happy days.
The Duke The Duke qf Richmond rose again, and said, " as to
monson the independence of America; he thought it, as well
independ- as the noble lord near him, a very great misfortune to
the" war* the kingdom ; but he thought it would be a still greater
misfortune to attempt to keep America dependent

THE UNITED STATES OF AMERICA. 835
UNDER THE CONFEDERATION. PART IV.
against her own will : And he thought the most absurd American
and extravagant way that could possibly enter the head iriclefia '
of a madman, was, to endeavor to bring America to a Great
•dependence upon this country by putting the people 1777-82.
of it out of the protection of the laws ; for where House of
there was no protection there could be no allegiance. juiy _oth.
Tlie Earl of Shelburne again rose, and said — "as to m2-
the American war, he had ever been as great an enemy
to it as the noble Duke : He had always contended,
that it was unjust in* its principle, because it militated
against that great maxim of our constitution which
declares, that English subjects in whatsoever quarter The Earl
of the globe, had a right to the benefit of the British .__^*n
constitution, the most boasted and peculiar franchise the war.
of which was, to be governed by those laws only which
they themselves had enacted either in person, or by their
representatives. That war was now at an end : No
minister could, if he were mad enough to desire it,
prosecute it any longer: The resolutions of parlia
ment, and the general sense of the nation, were against
it : And here he thought it proper to declare, in order
to quiet the alarms that had been industriously raised
in the minds of men, that nothing was further from his Declares
intention than to renew the war in America. The^^J*.
sword was sheathed, never to be drawn there again." a*ed.
The House now adjourned.
On the next day, July eleventh, his majesty pro-Proroga-
rogued both houses of parliament, and in his speech tlon.of
said, — " The extensive powers with which I find myself ment, July
invested to treat for reconciliation and amity with the _w8 e
colonies which have taken arms in North America, I speech.
shall continue to employ in the manner most condu
cive to the attainment of those objects, and with an
earnestness suitable to their importance."

Thus the exigent necessities of the kingdom of Great The issue
Britain compelled the resolution for peace with Amer- closed-
ica at any rate: The crown craved it; the cabinet

836 THE GOVERNMENTAL HISTORY OP
Part IV. the permanent union
American courted it ; the lords spiritual and temporal implored,
encyTn it ; while the commons clamored, and the people raved,
Great for peace with America at any rate.
1777-82. The banker, by his profitless coffers and diminished
dividends ; the broker, by his scanty exchanges and
depreciated bills ; the merchant, by his accumulated
and wasting importations ; the shipper, by his un-
freighted vessels and vacant wharves ; the manufac
turer, by his unsold wares and silent spindles and
looms ; the mechanic and the artisan, by the destitu
tion of their homes : The operative and the laborer,
thrown out of employment and into beggary or starva
tion in the streets : The peasant and the farmer im-
The urgent poverished and famishing in the fields: The judges
necessity on t\xe bench, the advocates at the bar, and the attor-
of peace. '
neys at their desks : The inquisitions and present
ments of jurors: Mayors and commonalties of cities :
Priests and ministers of religion ; patrons of science
and the arts ; professors and students of the universi
ties; teachers and pupils of colleges, academies and
schools : In fine, all classes, grades, and conditions of
men, from one end of the empire to the other, sent up
one united, earnest, wailing prayer, for peace with
America at any rate.
The like was never before known in the political
annals of any nation. The plague which years before
had stricken so much terror into the heart of England
produced no more agonizing anxiety in the minds of
men ; and no pestilence ever generated a wilder scene
of desperation, than now marked the retribution which
her unjust and cruel war with America had brought
upon Great Britain. Indeed, the world has never yet
been told how direful and appalling was the necessity
which compelled its cessation, and forced the recogni
tion of American independence. In the archives of
the nation.it stands confessed in the brief but com
prehensive resolution for peace with America at any
rate.

THE UNITED STATES OF AMERICA. 83?
UNDER THE CONFEDERATION. PART IV.
Peace with America, for that alone was peace with American
France. Peace with America, for that alone was peace ^^^
with Spain. Peace with America, for that alone was Great Britain
peace with Holland. Peace with America, for that 1777-82.
alone was peace with Europe. Peace with America at
any rate, for by that alone could England be at peace
within herself. Hence the new administration waited
not for opportunity, but hastened to open a corres
pondence with the ministers plenipotentiary of Amer
ica in their vicinity.. They stayed not upon forms or
ceremonies, but solicited a negotiation for peace.
They stood not upon punctilios or terms, but offered
independence as a basis for the negotiation.
It is a remarkable and striking fact connected with _he issue
this part of our governmental history, that not one of closed.
all the eminent and gifted statesmen of England had independ-
the sagacity to foresee, how much her future greatness ___ijjj_j
and riches would be promoted by the. independence of July, 1782.
the United States of America. The bare idea of relin
quishing the sovereignty over them broke the heart of
the illustrious Earl of Chatham, and he could not
survive the prospect even of such a dismemberment of
so splendid an empire. The gifted Earl of Shelburne,
now the premier of England, while he summoned all
his energies, and plied all his accomplishments and his
eloquence, to rally the nation from its deep despond
ency, still gave utterance to the doleful lamentation
that the sun of England would set in obscurity behind
the dark cloud of American independency ; whereas, it
but marked her entrance upon a career of prosperity,
glory, and greatness, far above and beyond anything
she had ever before known. And all this was the
labor and the reward of those faithful and far-seeing
patriots, who, in the revolutionary congress of the Uni
ted Colonies, purposed and wrought out the great
scheme of our independence. Neither America, or
mankind, have yet paid a competent tribute of ac
knowledgment for the debt they owe to the Fathers

838 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union

of our Revolution; because neither the historian or
the philosopher has ever fully disclosed to them its
intricate achievement, its comprehensive relations, or
its beneficent influences upon the welfare of the
world.

Provisionary Articles of Peace.
Provision- The way being thus auspiciously prepared, and act-
ciesfora *ye negotiations set on foot, Provisionary Articles of
treaty of Peace were " agreed upon and executed at Paris, on
peace be-
tween Eng- the thirtieth day of November, 1782, between Richard
America Oswald, Esq., the commissioner of his Britannic Maj-
Nov., 1782. esty, for treating of peace with the commissioners of
the United States of America, in behalf of his said
majesty, on the one part : and John Adams, Benjamin
Franklin, John Jay, and Henry Laurens, four of the
commissioners of the said States, for treating of peace
with the commissioners of his said Majesty, on their
behalf, on the other part : To be inserted in and to
* See the constitute the Treaty of Peace* proposed to be con-
Definitive eluded between the Crown of Great Britain and the
Treaty,post, page said United States ; but which treaty is not to be con-
844- eluded until terms of a peace shall be agreed upon
between Great Britain and France ; and his Britannic
Majesty shall be ready to conclude such treaty accord
ingly."
Prelimina- fpne provisionary articles of peace with America
rv -Artie If* ^i
of peace were followed by " Preliminary Articles of Peace be-
Enrfand tween his Britannic Majesty and the Most Christian
and King" of France; which were signed by the plenipo-
Jan. 20th, tentiaries of the respective powers, at Versailles, the
1783. twentieth day of January, 1783 ; " re-establishing sin
cere friendship between his Britannic Majesty and his
Most Christian Majesty, tlieir kingdoms, states, and
subjects, by sea and by land, in all parts of the
world."

THE UNITED STATES OF AMERICA.

839

UNDER. THE CONFEDERATION. PART IV.

Like " Preliminary Articles of Peace " were in like Preiimina-
manner executed, at the same time and place, "be-_^ pe^ccees
tween his Britannic Majesty and the Most Catholic Between
King" of Spain, "re-establishing sincere friendship anf sp___,
between his Britannic Majesty and his Most Catholic
Majesty, their kingdoms, states, and subjects, by sea
and by land, in all parts of the world."
The preliminary articles between Great Britain and Ratifica-
France were ratified and exchanged on the third, an^ exchanges.
those with Spain on the ninth day of February, in the
same year. Accordingly his Britannic Majesty was
ready to conclude a definitive treaty of peace with
America, further preliminary to which an agreement Cessation
was entered into between the ministers plenipotentiary °ies °f^e~^
of the United States of America and the minister upon, Jan.
20th 1783
plenipotentiary of his Britannic Majesty, at Paris, on '
the twentieth of January, 1783, for a cessation of hos
tilities.

Meanwhile, and until the provisionary articles and Proceed-
agreement for a cessation of hostilities reached Amer-mggin^the
ica, the Congress and . the officers of the army were
very busily engaged in directing preparations for an-Pre _
other campaign. It does not appear that they at all tions for
anticipated so ready or so early a desire on the part campaign.
of Great Britain to terminate the war ; much less to
concede its fruitlessness by proffers of peace, or by
offering to recognize the independence of the new
Confederacy. The information was conveyed to them
in a letter and accompanying documents, transmitted
from Paris by Dr. Franklin, in January, 1783. These
papers were referred to the secretary for foreign affairs,
(an office created under the Confederation,) who, on
the eleventh day of April, 1783, reported the draft of
a proclamation, which was agreed to by the Congress, See next
as follows, viz. : page"

840 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union

tion^the " "^Y THE ^NITED STATES OF AMERICA, IN CONGRESS
congress ASSEMBLED — A PROCLAMATION,
of a cessa-
arm"s°Apr "Declaring tlie cessation of arms, as well by sea as by
1783.' ' land, agreed upon between the United States of
America and his Britannic Majesty ; and enjoining
the observance thereof:
Prelimina- " Whereas, Provisional Articles were signed at Paris,
tween6En -0n ^ie thirtieth day of November last, between the
land and ministers plenipotentiary of the United States of
menca. _^merjca for treating of peace, and the minister ple
nipotentiary of his Britannic Majesty, to be inserted
and to constitute the treaty of peace proposed to be
concluded between the United States of America and
his Britannic Majesty when terms of peaee should be
agreed upon between their most Christian and Britan-
Between nic Majesties : And whereas, preliminaries for restor-
anf an mg peace between their Most Christian and Britannic
France. Majesties were signed at Versailles, on the twentieth
day of January last, by the ministers of their Most
Christian and Britannic Majesties : And whereas, pre-
Between liminaries for restoring peace between the said King of
and Spain. Great Britain and the King of Spain were also signed
at Versailles, on the. same twentieth day of January
last : By which preliminary articles it has been agreed,
Stipula- " That as soon as the same were ratified, hostilities
tions for a between the said Kings, their kingdoms, states, and
ccs^itionof hostili- subjects, should cease in all parts of the world: And it
hes" was further agreed, that all vessels and effects that
might be taken in the Channel and in the North seas,
after the space of twelve days from the ratification of
the said preliminary articles, should be restored : That
the term should be one month from the Channel and
North seas, as far as the Canary Islands inclusively,
whether in the ocean or the Mediterranean ; two
months from the said Canary Islands as far as the
equinoctial line or equator; and lastly, five months

THE UNITED STATES OF AMERICA. 841

under the confederation. Part IV.
in all other parts of the world, without any exception Prociama-
or more particular description of time or place. congress
" And whereas it was declared by the minister pleni- of a c?3Sa-
tion of
potentiary of the king of Great Britain ; nn the name arms, Apr.,
and by the express order of the king his master, on the 11ss-
said twentieth day of January last ; that the said Uni
ted States of America, their subjects and their posses
sions, shall be comprised in the above-mentioned sus
pension of arms, at the same epochs, and in the same Condition
, , '..,., of the sus-
manner as the three crowns above mentioned, their sub- pension of
jects and possessions respectively ; upon condition, that hostuities-
on the part of the United States of America, a similar
declaration shall be delivered, expressly declaring their
assent to the said suspension of arms, and containing
an assurance of the most perfect reciprocity on their
part :
" And whereas the ministers plenipotentiary of these Accept-
United States, did, on the same twentieth day of Janu- ^"°__|[t^
ary, in the name and by the authority of the said Uni- by the min
ted States, accept the said declaration ; and declare the tj. g. __,
said states should cause all hostilities to cease against his
Britannic majesty, his subjects and his possessions, at the
terms and epochs agreed upon between his said majesty
the king of Great Britain, his majesty the king of
France, and his majesty the king of Spain, so and in
the same manner as had been agreed upon between
those three crowns, and to produce the same effects:
" And whereas the ratifications of the said preliminary Exchange
articles, between their most Christian and Britannic ^__g*^"
majesties, were exchanged by their ministers on thetweenthe
third day of February last ; and between his Britannic p0™___, '
majesty and the king of Spain on the ninth day of Feb
ruary last:
" And whereas it is our will and pleasure j that the All acts of
cessasion of hostilities between the United States of prohibited.
America and his Britannic majesty, should be conform
able to the epochs fixed between their Most Christian
and Britannic majesties; we have thought fit to make

.842

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

Proclamation by the
congress, of a cessa
tion of
arms, April
11th, 1783.

The Gov
ernors to
make it
public in
the re
spectivestates.

known the same to the citizens of these states ; and we
hereby strictly charge and command all our officers,
both by sea and land, and other subjects of these Uni
ted States, to forbear all acts of hostility, either by sea
or by land, against his Britannic majesty or his subjects,
from and after the respective times agreed upon between
their Most Christian and Britannic majesties as afore
said. And we do further require all governors and oth
ers; the executive powers of these United States re
spectively, to cause this our proclamation to be made
public, to the end that the same may be duly observed
within their several jurisdictions,
"Done in Congress, &c."

Hostilities having thus ceased, and there being no
longer any call for active service in the field, the congress
felt that the genius, the wisdom, and the virtue, which
had so successfully planned and directed the operations
of the war, might well be called to illumine and to
guide the councils of the state in peace. The opinions
and suggestions of Washington • had always been re
ceived by the congress and throughout America with
the greatest deference and respect, and were always
sought for in times of difficulty and embarrassment.
He probably influenced and guided the destinies of this
country, by his correspondence with leading men in
congress, and in the different colonial or provincial
assemblies, quite as much as he did in his command of
Washing- the officers and army in the conduct of the war. He
to^audu was therefore now invited to visit the national legisla-
ence with ture. On Monday, August twenty-fifth, 1783, being
informed of his arrival in the neighborhood of Prince-

Aug. 26th. ton, the Congress
" Ordered, That he have an audience in congress to
morrow, at twelve o'clock."
The next day, according to the order, General Wash
ington attended, and being introduced by a committee

THE UNITED STATES OF AMERICA. 843
UNDER THE CONFEDERATION. PART IV.
of two members, the president addressed him as fol-Washing-
1 ; * ton in
10WS : audience
"Sir: — Congress feel particular pleasure in seeing before the
. ° . congress,
your excellency and congratulating you on the success Aug. 26th,
of the war, in which you have acted so conspicuous a'1'88-
part. "It has been the singular happiness of the United Address of
r, , - , the presi-
States, that during a war so long, so dangerous, and so dent of the
important, Providence has been graciously pleased: to _°^_^.
preserve the life of a General, who has merited and ington.
possessed the uninterrupted confidence and affection of
his fellow citizens. In other nations many have per
formed services for which they have deserved and re
ceived the thanks of the public. But, to you, Sir,
peculiar praise is due : Your services have been essen
tial in acquiring and establishing the freedom and inde
pendence of your country. They deserve the grateful
acknowledgments of a free and independent nation.
Those acknowledgments, congress have the satisfaction
of expressing to your excellency.
" Hostilities have now ceased, but your country still
needs your services. She wishes to avail herself of
your talents in forming the arrangements which will be
necessary for her in the time of peace,. For this reason
your attendance at congress has been requested. A
committee is appointed to confer with your excellency,
and to receive your assistance in preparing and digest
ing plans relative to those important objects."
To which General Washington replied :
"Mr. President, — I am too sensible of the honorable Washing*-
reception I have now experienced, not to be penetrated *°nthereply
with the deepest feelings of gratitude. Notwithstand- president
ing congress appear to estimate the value of my life gress* ooa"
beyond any services I have been able to render the
United" States, yet I must be permitted to consider the
wisdom and unanimity of our national councils, the
firmness of our citizens, and the patience and bravery
of our troops, which have produced so happy a termi-

844 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Washing- nation of the war, as the most conspicuous effect of the
audience Divine interposition, and the surest presage of our
before the foture happiness.
Aug. 26th, "Highly gratified by the favorable sentiments which
1783- congress are pleased to express of my past conduct, and
amply rewarded by the confidence and affection of my
to the ad- fellow-citizens ; I cannot hesitate to contribute my best
d£e^°ftthe endeavors towards the establishment of the national
security in whatever manner the sovereign power may
think proper to direct, until the ratification of the
definitive treaty of peace, or the final evacuation of our
Proposes country by the British forces: After either of which
to retire events, I shall ask permission to retire to the peaceful
life. shades of private life.
"Perhaps, Sir, no occasion may offer more suitable
than the present, to express my humble thanks to God,
and my grateful acknowledgments to my country, for
the great and uniform support I have received in every
vicissitude of fortune, and for the many distinguished
honors which congress have been pleased to confer upon
me in the course of the war."

The Definitive Treaty was executed at Paris in Sep
tember, 1783, as follows, viz. :
Definitive DEFINITIVE TREATY BETWEEN GREAT BRITAIN AND THE
*re.aty United States of America.
betweenGreat « jn the name 0f the Most Holy and undivided Trinity.
Britain and , .
the U. s. A. It having pleased the Divine Providence to dispose the
Sept.,1783. ;iiearts 0f the most serene and most potent prince George
. the third, by the Grace of God, king of Great Britain,
France and Ireland, defender of the faith, Duke of
Brunswick and Lunenburg, arch-treasurer and prince
Preamble, elector of the holy Roman Empire, &c. ; and of the
United States of America ; to forget all past misunder
standings and differences, that have unhappily inter
rupted the good correspondence and friendship which
they mutually wish to restore ; and to establish such a

THE UNITED STATES OF AMERICA. 845
UNDER THE CONFEDERATION. PART IV.
beneficial and satisfactory intercourse between the two Definitive
countries, upon the ground of reciprocal advantages between.
and mutual convenience, as may promote 'and secure to £reat.
-.i n i • ' j. Britain
both perpetual peace and harmony; and having, for and the
this desirable end, already laid the foundation of peace g • ^- ^3_
and reconciliation, by the provisional articles signed
at Paris, on the thirtieth of November, 1782, by tliepreamble.
commissioners empowered on each part,_ wliich articles
were agreed to be inserted in, and to constitute the
treaty of peace proposed to be concluded between the
crown of Great Britain and the said United States, but
which treaty was not to be concluded until terms of
peace should be agreed upon between Great Britain and
France, and his Britannic majesty should be ready to
conclude such treaty accordingly; and the treaty be
tween Great Britain and France having since been con
cluded; His Britannic majesty and the United States
of America, in order to carry into full effect: the pro
visional articles ahove mentioned, according to the tenor
thereof, have constituted and appointed — that is to say
— his Britannior majesty on his part, David Hartley, Names of
Esq., member of the Parliament of Great Britain ; and^™^'
the said United States on their part, John Adams, Esq.,
late a commissioner of the United States of America,
at the court of Versailles, late delegate in congress
from the state of Massachusetts, and Chief Justice of
the said state, and Minister Plenipotentiary of the said
United States to their High mightinesses the States-
General of the United Netherlands — Benjamin Frank
lin, Esq., late delegate in congress from the state of
Pennsylvania, president of the convention of the said
state, and Minister Plenipotentiary from the United
States of America at the court of Versailles ; and John
Jay, Esq., late president of congress, Chief Justice of
the state of New York, and Minister Plenipotentiary
from the said United States at the court of Madrid ; to
be the Plenipotentiaries for concluding and signing the
present Definitive Treaty; who, after having recipro-

846

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

' Definitivetreatybetween Great
Britainand the
U. S. A.,
Sept.,1783.
Independence ofthe
U. S. A.
conceded.

PrecinctsoftheU. S. A.

cally communicated their respective full powers, have
agreed upon and confirmed the following articles :
Article I. His Britannic Majesty acknowledges the
said United States, viz., New Hampshire, Massachu
setts Bay, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina,
South Carolina, and Georgia, to be free, sovereign,
and independent states ; that he treats with them as
such, and for himself, his heirs and successors, relin
quishes all claims to the government, propriety, and
territorial rights, of the same, and every part thereof.
Article II. And that all disputes, which might arise
in future, on the subject of the boundaries of the said
United States, may be prevented, it is hereby agreed
and declared, that the following are and shall be their
boundaries, viz., from the north-west angle of Nova-
Scotia, viz., that angle which is formed by a line
drawn due north from the source of- St. Croix river to
the highlands, along the said highlands, which divide
those rivers which empty themselves into the River St.
Lawrence from those which fall into the Atlantic Ocean,
to the north-westernmost head of Connecticut River —
thence down along the middle of that river to the forty-
fifth degree of north latitude — from thence by a line
due west on said latitude, until it strikes the river Iro
quois or Cataraguy— thence along the middle of the
said river into Lake Ontario, through the middle of
said Lake until it strikes the communication by water
between that Lake and Lake Erie — thence along the
middle of said communication into Lake Erie, through
the middle of said Lake until it arrives at the water
communication between that Lake and Lake Huron —
thence along the middle of said water communication —
thence through the middle of said Lake to the water
communication between that Lake and Lake Supe-
riour — thence through Lake Superiour northward of
the Isles Royal and Philipeaux to the Long Lake ; thence

THE UNITED STATES OF AMERICA. 847
UNDER THE CONFEDERATION. PART IV.
through the middle of said Long Lake , and the water com- Definitive
munication between it and the Lake of the Woods to the tety,otpeace be-
said Lake of the Woods — thence through the said Lake tween
to the most north-western point thereof, and from Britain
thence in a due west course to the river Mississippi — J? Va
thence by a line to be drawn along the middje of the Sept. 1783.
said river Mississippi until it shall intersect the north
ernmost part of the thirty-first degree of north lati-*
tude. South, by a line to be drawn due east from the
determination of the line last mentioned in the lati
tude of thirty-one degrees north of the equator, to the
middle of the river Apalachicola or Catahouche —
thence alcmg the middle thereof to its junction with
the Flint river — thence straight to the head of St.
Mary's river, and thence down along the middle of St.
Mary's river to the Atlantic Ocean. East, by a line to
be drawn along the middle of the river St. Croix, from
its mouth in the Bay of Fundy, to its source, and from
its source directly north to the aforesaid highlands,
which divide the rivers that fall into the Atlantic Ocean,
from those which fall into the river St. Lawrence, com
prehending all islands within twenty leagues of any
part of the shores of the United States, and lying be
tween lines to be drawn due east from the points where
the aforesaid boundaries between Nova Scotia on the
one part, and East Florida on the other, shall respect
ively touch the Bay of Fundy, and the Atlantic Ocean,
excepting such islands as now are, or heretofore have
been, within the limits of the said Province of Nova
Scotia. Article III. It is agreed, that the people of the Fisheries.
United States shall continue to enjoy, unmolested, the
right to take fish of every kind on the Grand Bank,
and on all other Banks of Newfoundland, also in the
Gulph of St. Lawrence, and at all other places in the
sea, where the inhabitants of both countries used at
any time heretofore to fish. And also, that the inhab
itants of the United States shall have liberty to take

848 THE governmental history of
Part IV. the permanent union
Definitive fish of any kind upon such part of the coast of New-
p^ace be- foimdlaiid, as British fishermen shall use (but not to
tween dry or cure the same on that Island), and also on the
Britain coasts, bays, and creeks, of all other of his Britannic
and^the Majesty's Dominions iii America ; and that the Amer-
Sept. 1753. ican fishermen shall have liberty to dry and cure fish
in any of the unsettled bays, harbours, and creeks of
Nova Scotia, Magdalen Islands, and Labrador, so long
as the same shall remain unsettled ; but so soon as the
same or either of them shall be settled, it shall not be
lawful for the said fishermen to dry or cure fish at such
settlement, without a previous agreement for that pur
pose with the inhabitants, proprietors, or possessors of
the ground.
Collection Article IV. It is agreed, that the creditors on either
e s' side shall meet with no lawful impediment to the recov
ery of the full value, in sterling money, of all bona-
fide debts heretofore contracted.
Restitution Article V. It is agreed, that congress shall earnestly
cated recommend it to the legislatures- of the respective states,
estates. ^0 pr0vide for the restitution of all estates, rights and
properties, which have been confiscated, belonging to
real British subjects ; and also of the estates, rights,
and properties of persons resident in districts in pos
session of his majesty's arms, and who have not borne
arms against the United States ; and that persons of
any other description shall have free liberty to go to any
part or parts of the Thirteen United States, and therein to
remain twelve months unmolested, in their endeavours
to obtain the restitution of such of their estates, rights,
and properties, as may have been confiscated : And that
congress shall also earnestly recommend to the several
states, a reconsideration and revision of all acts or
laws respecting the premises, so as to render the said
acts or laws perfectly consistent, not only with justice
and equity, but with that spirit of conciliation, which
on the return of the blessings of peace, should univer
sally prevail : And that congress shall also earnestly

THE UNITED STATES OF AMERICA. 849
UNDER THE CONFEDERATION. PART IV.
recommend to the several states, that the estates, Definitive
rights, and properties, of such last mentioned persons, pe^J _e-
shall be restored to them, they refunding to any person tweeu
who may now be in possession, the bona-fide price, Britain
(where any has been given,) which such persons maySP'U*?
have paid, on purchasing any of the said lands, rights, Sept. 1783.
or properties, since the confiscation. And it is agreed,
that all persons, who may have any interest in confis
cated lands, either by debts, marriage settlements, or
otherwise, shall meet with no lawful impediment in the
prosecution of their just rights.
Article VI. That there shall be no future ccw/jsca- Prosecu-
. . -, ,. , . tions and
tions made, nor any prosecutions commenced, against confisca-
any person or persons, for, or by reason of, the parttions'
which he or they may have taken in the present war ;
and that no person shall, on that account, suffer any
further loss or damage, either in his person, liberty, or
property ; a,nd that those who may be in confinement
on such charges, at the time of the ratification of the
treaty in America, shall be immediately set at liberty,
and the prosecution so commenced, be discontinued.
Article VII. Ther* shall be a firm and perpetualFer^etml
peace between his Britannic majesty and the said states, peajCe'
and between the subjects of the one and the citizens of
the otlier : Wherefore all hostilities, both by sea and
land, shall from henceforth cease ; all prisoners on both
sides shall be set at liberty ; and his Britannic majesty Withdraw-
shall, with all convenient speed, and without causing British16
any destruction, or carrying away any negroes, or other forces.
property, of the American inhabitants, withdraw all his
armies, garrisons, and fleets, from the said United
States, and from every post, place and harbour, within
the same, leaving in all fortifications the American artil
lery that may be therein : And shall also order and Restora-
cause all archives, records, deeds and papers, belonging record's,
•to any of the said states, or their citizens, which, in deeds' etc*
the course of the war, may have fallen into the
hands of his officers, to be forthwith restored, and de-
54

850 the governmental history of
Part IV. the permanent union
Definitive livered to the proper states and persons to whom they
tween Article VHL The navigation of the river Mississip-
Britain pi, from its source to the ocean, shall forever remain free
uVa an^ °Pen ^° ^ie sutyects of Great Britain and the citir
Sept, 1783. zens of the United States.
Restora- Article IX. In case it should so happen that any
placed place or territory belonging to Great Britain, or to the
tured after United States, should have been conquered by the arms
of either from the other, before the arrival of the said
provisional articles in America, it is agreed, that the
same shall be restored without difficulty, and without
requiring compensation.
Ratifica- Article X. The solemn ratification of the present
exchange, treaty, expedited in good and due form, shall be ex
changed between the contracting parties in the space
of six months, or sooner, if possible, to be computed
from the day of the signature of the present treaty.
See ratifi- In witness whereof, we, the undersigned, their Minis-
pfgg"' ters Plenipotentiary, have, in their name, and in virtue
post. of our full powers, signed with our hands the present
Definitive Treaty, and caused the seals of our arms
to be affixed thereto. Done at Paris, September 3d,
1783.

L.

S.

David Hartley,

L.

s.

- John Adams,

L.

s.

B. Franklin,

L.

s.

John Jay.

Thejubilee The British troops evacuated November 25th, 1783,
canAh_de-" and here and thus terminated the American Revolution.
pendence, Thus was consummated the great work of our national
conception and deliverance. It was the triumph of rea
son over passion ; of justice over prejudice ; of humanity
over oppression, cruelty, and wrong ; and of religion
over all. It introduced the brightest, and, save one
yet to come, the most important epoch in our govern
mental history. It established the United States of

THE UNITED STATES OF AMERICA. 851
UNDER THE CONFEDERATION. PART IV.
America upon as solid a basis of sovereignty as that The jubilee
which sustained any of the monarchies of Europe. __n^™i^"
The event was hailed with jubilant exultation by mill- pendence,
ions of rejoicing hearts on both sides of the Atlantic.
It elevated the hopes of humanity everywhere, ener
gized desponding nations, and gave assurances to
mankind of years of freedom, prosperity, happmess,
and plenty, such as the world had never before known.
The morning stars again sang together, and all the
intelhgent universe of God shouted for joy, to see the
new-born Confederacy take its place in the great family
of nations, a recognized, distinctive, independent and
sovereign Power on Earth.
It was fitting, as well as characteristic, that those
great and good men of the Congress, whose work it
was, with the venerated Commander-in-chief of their
armies in consultation, should, in this the very flush of
their triumph, publicly avow their faith in that religion
whose elements of freedom were the basis of their
liberty and their independence.
Iu Oetober, 1783, Mr. Duane, Mr. S. Huntington, committee
and Mr. Holten, were appointed a committee " to pre- on a Proc"
pare a proclamation for a day of thanksgiving." They for a gene-
reported a draft on the eighteenth, which was read r^ .thanks"
before the congress, and agreed to, as follows :
"By the United States in Congress assembled,
A Proclamation.
" Whereas, it hath pleased the Supreme Ruler of all Proclama-
human events, to dispose the hearts of the late bellig- general *
erent powers to put a period to the effusion of human thanksgiv-
blood, by proclaiming a cessation of all hostilities by congress,6
sea and land ; and these United States are not only _^g818th'
happily rescued from the dangers and calamities to
which they have been so long exposed ; but their free- Recogni-
dom, sovereignty, and independence ultimately ac-gp0e°£_ *.e
knowledged: And whereas, in the progress of a con-teryeilti?n
test on which the most essential rights of human na-dence^"

tional

852 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Prociama- ture depended, the interposition of Divine Providence
a general *n our favor na*n heen most abundantly and most gra-
thanksgiv- ciously manifested, and the citizens of these United
congress,6 States have every reason for praise and gratitude to
0°'- 18th> the God of their salvation: Impressed therefore with an
exalted sense of the blessings by which we are sur
rounded, and of our entire dependence on that Al
mighty Being from whose goodness and bounty they
are derived, The United States in Congress assembled,
do recommend it to the several states, to set apart the
second Thursday in December next as a day of Public
Thanksgiving ; that all the people may then assemble
to celebrate with grateful hearts and united voices, the
praises of their Supreme and All-bountiful Benefactor,
Their na- for His numberless favors and mercies. That He hath
been pleased to conduct us in safety through all the
perils and vicissitudes of the war ; that He hath given
us unanimity and resolution to adhere to our just
rights ; that He hath raised up a powerful ally to assist
us in supporting them, and hath so far crowned our
united efforts with success, that in the course of the
present year hostilities have ceased, and we are left in
the undisputed possession of our liberty and independ
ence, and of the fruits of our land, and in the free par
ticipation of the treasures of the sea; that He hath
prospered the labour of our husbandmen with plentiful
Recogni- harvests ; and above all, that He hath been pleased to
Protestant continue to us the light of the blessed Gospel, and se-
Ohristian- cured to us in the fullest extent the rights of conscience
in faith and worship.
Appeal for "And while our hearts overflow with gratitude, and
protection our ^P8 set fortn tlie Praises of our &reat Creator, that
and guid- we also offer up fervent supplications, that it may please
Him to pardon all our offences, to give wisdom and
unanimity to our public councils, to cement the hearts
of all our citizens in the bonds of affection, and to in
spire them with an earnest regard for the national
honor and interest; to enable them to improve the

THE UNITED STATES OF AMERICA. 853
UNDER THE CONFEDERATION. PART IV.
days of prosperity by every good work, and to be lov- Prociama-
ers of peace and tranquillity ; that He may be pleased cti0°°^e
to bless us in our husbandry, our commerce and navi- disbanding
. . , „ the army,
gation ; to smile upon our seminaries and means ot 0ct. 18th,
education ; to cause pure religion and virtue to flour- l783-
ish, to give peace to all nations, and to fill the world
with His glory.
"Done by the United States in Congress assembled.
Witness His Excellency Elias Boudinot, our President,
this eighteenth day of October, in the year of our Lord
one thousand seven hundred and eighty-three, and of
the sovereignty and independence of the United States
of America, the eighth."
"By the United States in Congress assembled,
A Proclamation.
" Whereas, in the progress of an arduous and diffi- Patriotism
cult war, the armies of the United States of America arnuegp
have eminently displayed every military and patriotic
virtue, and are not less to be applauded for their forti
tude and magnanimity in the most trying scenes of
distress, than for a series of heroic and illustrious
achievements, which exalt them to a high rank among
the most zealous and successful defenders of the rights
and liberties of mankind ; And whereas, by the blessing Rec0gni-
of Divine Providence on our cause and our arms, the £on of
J Provi-
glorious period is arrived when our national independ- denoe.
ence and sovereignty are established, and we enjoy the
prospect of a permanent and honorable peace : We
therefore, the United States in Congress assembled,
thus impressed with a lively sense of the distinguished
merit and good conduct of the said armies, do give Thanks to
them the thanks of their country, for their long, emi- army.
nent, and faithful services : And it is our will and
pleasure, that such part of the federal armies as stands
engaged to serve during the war, and as by our acts
of the twenty-sixth day of May, the eleventh day of
June, the ninth day of August, and the twenty-sixth

854 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Prociama- day of September last, were furloughed, shall,' from
congress!16 and after the third day of November next, be abso-
disbanding lutely discharged, by virtue of this our proclamation,
the army, „,,.-,.
Oct. 18th, from the said service.
1783. "And we do also declare, that the further services in
Officers the field, of the officers who are deranged and on fur-
fromfar- l°ugh, iu consequence of our aforesaid acts, can now
ther serv- be dispensed with ; and they have our full permission
to retire from service without being longer hable, from
their present engagements, to be called into command.
And of such discharge and permission to retire from
service respectively, all our officers, civil and military,
and all others whom it may concern, are required to
take notice, and to govern themselves accordingly.
" Given under the seal of the United States, in Con
gress assembled. Witness his Excellency, Elias Bou
dinot, our President, in Congress, this eighteenth day
of October, in the year of our Lord one thousand
seven hundred and eighty-three, and of the sovereignty
and independence of the United States of America,
the eighth."

Washing- Among the crowd of distinguished and great men
ton sur- wno ngured so conspicuously in these closing scenes in
commis- the tragedy of our Revolution, there is no one whose
congress16 acts and utterances so much interest our attention and
Dec., 1783. elicit our admiration, as those of George Washington.
There is something so pecuharly symmetrical and sub
lime in the character and career of this most wonder
ful of men, that everything he does compels veneration,
and everything he says seems to carry with it the influ
ence and the force of inspiration. The war being now
entirely over, hostilities having utterly ceased, the for
ces of Great Britain being withdrawn, and the Ameri
can army disbanded, he repairs to Annapolis to sur
render back to the Congress the commission which
clothed him with mihtary power. Young America!
behold the man, and emulate his great example.

THE UNITED STATES OF AMERICA. 855
UNDER THE CONFEDERATION. PART IV.
He does not abruptly send in his commission and his Character-
resignation, to the congress, as if he had a right to j^/af "^
tender and they were bound to accept them ; but, in the sur-
modest and respectful mien, he stands afar off, and in
forms them of his " arrival in the city, with the inten
tion of asking leave to resign the commission he has
the honor of holding in their service." He does not
consult his own will, or pleasure, or convenience, as to
the manner of doing it ; but " desires to know their
pleasure, in what manner it will be most proper to
offer his resignation; whether in writing, or at an
audience ? "
On receipt ofthe letter, after it was read, the Congress Saturday,
"Resolved, That his excellency, the commander-in- Dec' 20th'
chief, be admitted to a public audience, on Tuesday
next, at twelve o'clock ; and, that a public entertain
ment be given to the commander-in-chief, on Monday
next." On Tuesday, December twenty-third, according to Is admit-.
order, his excellency was admitted to a public audience *eud ^ *u_
in congress ; and being seated, the president, after a dience in
pause, informed him that the United States in Congress De&Mi
assembled, were prepared to receive his communica- ,
tions ;, whereupon he arose and addressed the congress,
as follows, viz. :
" Mr. President :
" The great events on which my resignation depended His ad-
having at length taken place, I have now the honor of confess
offering my sincere congratulations to congress, and of on .the °o
presenting myself before them, to surrender into their
hands the trust committed to me, and to claim the indul
gence of retiring from the service of my country.
Happy in the confirmation of our independence and
sovereignty, and pleased with the opportunity afforded
the United States, of becoming a respectable nation, I
resign with satisfaction, the appointment I accepted
with diffidence ; a diffidence in my abilities to accom
plish so arduous a task ; which, however, was super-

856 THE GOVERNMENTAL history of
Part IV. the permanent union
Wasiuug- seded by a confidence in the rectitude of our cause,
renders his tne suPPort °f the supreme power of the union, and
commis- the patronage of Heaven.
gress, Dec. " The successful termination of the war has verified
23d, 1783. the most sanguine expectations ; and my gratitude for
the interposition of Providence, and the assistance I
have received from my countrymen, increases with
every review of the momentous contest.
His ad- " While I repeat my obligations to the army in gen-
thfocca- era^ ¦"¦ should" do injustice tp my own feelings not to ac-
sion. knowledge, in this place, the pecuhar services and dis
tinguished merits of the gentlemen who have been
attached to my person during the war. It was impos
sible the choice of confidential officers to compose my
family should have been more fortunate. Permit me,
sir, to recommend in particular, those who have con
tinued in the service to the present moment, as worthy
of the favorable notice and patronage of congress.
" I consider it an indispensable duty to close this last
act of my official life, by commending the interests of
our dearest country to the protection of Almighty God ;
and those who have the superintendence of them to
His holy keeping.
" Having now finished the work assigned me, I retire
from the great theatre of action, and bidding an affec
tionate farewell to this august body, under whose orders
I have so long acted, I here offer my commission and
take my leave of all the employments of public life."
He then advanced and delivered to the president his
commission with a copy of his address, and having
resumed his place, the president returned him the fol
lowing answer :
"Sir:
The presi- "Tlie United States in congress assembled receive,
swer'Stoan" with emotions too affecting for utterance, the solemn
Washing-, resignation of the authorities under which you have
address, led their troops with success through a perilous and a
doubtful war. Called upon by your country to defend

THE UNITED STATES OP AMERICA. 857
UNDER THE CONFEDERATION. PART IV.
its invaded rights, you accepted the sacred charge Washing-
before it had formed alliances, and whilst it was with- j£„B_£en"
out funds, or a government, to support you. You have commis-
conducted the great military contest with wisdom and gre^Dec"
fortitude, invariably regarding the rights of the civil 23d> 178B-
power through all disasters and changes. You have
by the love and confidence of your fellow-citizens,
enabled them to display their martial genius, and trans
mit their fame to posterity. You have persevered, till
these United States, aided by a magnanimous king and
nation, have. been enabled, under a just Providence, to
close the war in freedom, safety, and independence ; on
which happy event we sincerely join you in congratu
lations. " Having defended the standard of liberty in this
New World ; having taught a lesson useful to those The presi-
who inflict and to those who feel oppression, you retire SwerSton'
from the great theatre of action with the blessings of Washing.
your fellow-citizens ; but the glory of your virtues will dress.
not terminate with your military command, it will con
tinue to animate remotest ages.
" We feel, with you, our obligations to the army in
general, and will particularly charge ourselves with the
interests of those confidential officers who have attended
your person to this affecting moment.
" We join you in commending the interests of our
dearest country to the protection of Almighty God,
beseeching Him to dispose the hearts and minds of its
citizens to improve the opportunity afforded them of
becoming a happy and respectable nation : And, for
you, we address to Him our earnest prayers, that a life
so beloved may be fostered with all His care ; that your
days may be happy as they have been illustrious ; and
that He will finally give you that reward which this
world cannot give."

Ratification of the Definitive Treaty.
On the fourteenth day of January, 1784, the Congress

ratifica tion,

858 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Ratifica- took up the consideration of the report of the commit-
Defimtiveetee— • consisting of Mr. Jefferson, Mr. Gerry, Mr. Ellery,
Treaty Mr. Read, and Mr. Hawkins — to whom were referred
Britain, by tb-e Definitive Treaty of peace between the United States
the con- 0f America and his Britannic Maiesty, and the ioint let-
gress, Jan. " ¦" J
wth, 1784. ter of the tenth of September, from Mr. Adams, Mr.
Eranklin, and Mr. Jay, and
" Resolved unanimously, nine states being present,
that the said Definitive Treaty be, and the same is
hereby, ratified by the United . States in Congress as
sembled, in the form following, to wit :
"The United States in Congress assembled:
Form of " To all persons to whom these presents shall come,
greeting: Whereas definitive articles of peace and
friendship between the United States of America and
his Britannic Majesty, were concluded and signed at
-Paris, on the third day of September, 1783, by the
Plenipotentiaries Of the said United States, and of his
said Britannic Majesty, duly and respectively authorized
for that purpose ; which definitive articles are in the
*See the words following (articles inserted at length).*
articles, « jjow ^ow Ye, that we the United States in con-
2111X6}p. 844. gress assembled, having seen and considered the defini
tive articles aforesaid, have approved, ratified and con
firmed, and by these presents do approve, ratify and con
firm, the said articles, and every part and clause thereof,
engaging and promising, that we will sincerely and
faithfully perform and observe the same, and never suf
fer them to be violated by any one, or transgressed in
any manner, as far as lies in our power.
"In testimony whereof, we have caused the seal of the
United States to be hereunto affixed.
" Witness His Excellency Thomas Mifflin, President,
this fourteenth day of January, in the year of our Lord
one thousand seven hundred and eighty-four ; and in
the eighth year of the sovereignty and independence of
the United States of America."

THE UNITED STATES OF AMERICA. 859
UNDER THE CONFEDERATION. PART IV.
"Resolved, That the said ratification be transmitted Resoiu-
with all possible dispatch, under the care of a faithful exchanges.
person, to our ministers in France, who have negotiated
the treaty, to be exchanged.
"Resolved, That a proclamation be immediately Resolution
issued,. notifying the said Definitive Treaty and ^^^^^^q^'
tion to the several states of the Union, and requiring
their observance thereof, in the form following :
"By the United States in Congress assembled,
A Proclamation.
" Whereas Definitive Articles of peace and friendship Prodama-
between the United States of America and his Britannic tLOa bJ *he
congress
Majesty, were concluded and signed at Paris, on theontherati-
third day of September, 1783, by the plenipotentiaries t^ _^.fin°.
of the said United States and of his said Britannic Maj- tive treaty,
esty, duly and respectively authorized for that purpose ; 1783. '
which definitive articles are in these words, (articles in- *
serted at length.) And we, the United States in Congress
assembled, 'having seen and considered the definitive
articles aforesaid, did, by a certain act under the seal
of the United States, bearing date this fourteenth day 844.
of January, 1784, approve, ratify and confirm the same,
and every part and clause thereof, engaging and prom
ising that we would sincerely and faithfully perform and
observe the same, and never suffer them to be violated
by any one, or transgressed in any manner, as far as
should be in our power ; And being sincerely disposed
to carry the said articles into execution, truly, honestly,
and with good faith, according to the intent and mean
ing thereof ; We have thought proper by these presents
to notify the premises to all the good citizens of these
United States ; hereby requiring and enjoining all bodies
of Magistracy, Legislative, Executive, and Judiciary ; all
persons bearing office, civil or mihtary, of whatever
rank, degree or powers ; and all others the good citi
zens of these states,«of every vocation and condition,
that reverencing those stipulations entered into on

860 THE GOVERNMENTAL history of
Part IV. the permanent union
Prociama- their behalf, under the authority of that Federal Bond
ratifica-1 6 ty which their existence as an independent people is
tion of the bound up together, and is known and acknowledged
Definitive , " . - , ii -, • , ,
Treaty, by the nations of the world ; and with that good faith
1784 14th' which is every man's surest guide ; within their several
offices, jurisdictions and vocations, they carry into effect
the said Definitive Articles and every clause and sen
tence thereof, sincerely ,-strictly, and completely.
"Given under the seal of the United States: Witness
His Excellency Thomas Mifflin, our President, at
Annapolis, this fourteenth day of January, in the
year of our Lord one thousand seven hundred and
eighty-four: And of the sovereignty and independ
ence of the United States of America, the eighth.
Accompa- " Resolved, unanimously, nine states being present,
commend- Tliat it be, and it is hereby earnestly recommended to
the°states ^ie legislatures of the respective states, to provide for
and people the restitution of all estates, rights and properties,
U. S.6A. which have been confiscated, belonging to real British
subjects ; and also of the estates, rights an3 properties
of persons resident in districts, which were in posses
sion of his Britannic majesty's arms, at any time be
tween the 30th day of November, 1782, and the 14th
day of January, 1784, and who have not borne arms
against the said United States ; and that persons of
any other description, shall have free liberty to go to
any part or parts of any of the thirteen United States,
and therein to remain twelve months unmolested in
their endeavors to obtain the restitution of such of
their estates, rights and properties as may have been
confiscated.
To make "And it is also hereby earnestly recommended to the
their laws " " . -,-,,.
conforma- several states, to reconsider and revise all their acts or
ble" laws regarding the premises, so as to render the said
laws or acts perfectly consistent not only with justice
and equity, but with that spirit of conciliation, which
on the return of the blessings ofpeace should univer
sally prevail.

THE UNITED STATES OF AMERICA. 861
UNDER THE CONFEDERATION. PART IV.
"And it is hereby also earnestly' recommended to the Restora-
several states, that the estates, rights and properties, of fis0cnated0n"
such last mentioned persons, should be restored to them, estates.
they refunding to any persons who may be now in pos
session, the bona-fide price (where any has been given)
which such persons may have paid on purchasing any
of the said lands, rights, or properties, since the confis
cation." " Ordered, That a copy of the proclamation of this Resolution
date, together with the recommendation, be transmitted upon"
to the several states by the Secretary."
On the third day of June, 1784, congress adjourned, Provision
pursuant to a previous resolution, to meet at Trenton, e°_iat0wn.
in New Jersey, on the thirtieth day of October then
next: And on the twenty-third day of October of the
same year, at Trenton, the following ordinance was
passed, viz. :
"Be it ordained, by the United States in Congress Commis-
assembled, that three commissioners be appointed with "° __£__£_,
full power to lay out a district of not less than two nored.
exceeding three miles square, on the banks of either
side of the Delaware, not more than eight miles above
or below the lower falls thereof, for a federal town.
Tliat they be authorized to purchase the soil or such Their au-
part of it as they may judge necessary, to be paid at*k™17and
proper installments ; to enter into contracts for erecting
and completing, in an elegant manner, a federal house
for the accommodation of congress, and for the execu
tive offices thereof: A house for the use of the presi- Public de-
dent of congress; and suitable buildings for the resi-partments"
dence of the secretary of foreign affairs; secretary at
war; secretary of congress; secretary of the marine;
and officers of the treasury : That the said commission
ers be empowered to draw on the treasury of the United
States for a sum not exceeding one hundred thousand
dollars for the purpose aforesaid : That in choosing a
situation for the buildings, due regard be had to the

862 THE GOVERNMENTAL history of
Part IV. the permanent union
The con- accommodation of the states with lots for houses, for
adjourned the use of their delegates respectively: That on the
to meet twenty-fourth day of December instant, congress stand
in New adjourned to meet at the City of New York, on the
o Clty" eleventh day of January following, for dispatch of pub
lic business, and that the sessions of congress be held
at the place last mentioned, until the buildings afore
said shall be ready for their reception : Done, &c.
"December 24th, 1784. The congress adjourned ; to
meet in the City of New York, on the eleventh day of
January, 1785.
The Compact of the Confederation,
The com- Under which the colonies became states, and their union
confedera6 as a nation was made perpetual, proved utterly defect
ion. _ve as the basis of a national administration. There
The gov- was no new organization of the general government un-
nnder-t ^er **' °taer than the appointment of secretaries for the
different departments, who stood in the relation of spe
cial committees appointed by congress, for the regula
tion of the foreign and home departments in the admin
istration of public -affairs. Their responsibilities and
duties were defined and limited more by the current
exigences of the day, than by any specific delegation, or
distribution, of their powers. * Besides these there was
The com- a Committee of the States appointed under the ninth
mittee of article, but its sessions were restricted to the recess of
the states. congress ; and its powers were such only " as might be
exercised by seven states in congress assembled, except
those of sending ambassadors, ministers, envoys, resi
dents or consuls : Estabhshing rules for deciding what
and^is-3 captures by land or water should be legal ; and in what
diction, manner prizes taken by land or naval forces, in the ser
vice of the United States, should be divided or appro
priated : Establishing courts for the receiving and de
termining, finally, appeals in cases of capture: Con
stituting courts for deciding disputes and differences
arising between two or more states : Fixing the stand

THE UNITED STATES OF AMERICA. 863
under the confederation. Part IV.
ard of weights and measures for the United States ; The com-
changing the rate of postage on the papers passing __nf__eraf
through the post-office established by congress ; and of tioD-
repealing or contravening any ordinance or act passed
by congress; or appointing civil or military officers,
unless to supply the places of such within the United
States as the committee may suspend for malconduct;
or to fill up vacancies which may happen, by death,
resignation, or otherways, within the said states, pro- Limitation
vided such appointments shall not continue morevthan menta by
one month after the assembling of the next congress, th^tg°™f
unless confirmed by them. In case matters of impof- the states.
tance were brought to their notice which were not with
in their jurisdiction, the committee were required to
appoint a day for the meeting of the congress, prior to power of
that to which it stood adjourned, and to give notice committee
thereof to the supreme executive of the respective the con
states : These powers were not specifically defined, nor sress" *
was any such committee actually appointed by the con
gress, until May, 1784. But it does not appear that the
Committee ever acted with any particular efficiency,
in any of the premises.
It is easy for us to discover the defects of the Con- Defects of
federation, comparing it, as we may, with the record of ^deration
its inefficiency, and the more successful operation of the how to be
present constitution. But when we consider the embar- regar e '
rassments in " which it originated; when we think of
the difficulties which were encountered in its formation ;
when we remember how few were the sources whence
light could be drawn to illumine the councils of its
framers ; and how wholly they were without any expe
rience to demonstrate the impracticability of the plan
of administration comprehended in its provisions, we
cease to wonder at its inefficiency.
The peculiar circumstances under which a frame of Complici-
government was called for; the grievances and oppres-*1^, lts
sions which the colonies had sustained, and were still
smarting under, from the arbitrary enactments of par-

864 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The com- liament, and the measures of administration in England,
confedera-6 rendered them extremely jealous of any authority to be
t"011- erected whose powers should, in any degree, restrict or
control their own legislation. The delegates of the
nation, therefore, found themselves in a situation at
once new and peculiar. They could look upon the
history of other republics as beacons to warn indeed,
but not as Hghts to guide. The one for which they
were called upon to legislate was without its precedent
or its, parallel in the world's history. They were not
yet, in fact, states. Their independence was neither
achieved, nor recognized by any nation, although the
maintenance of their position in relation to it was guar
anteed by France. Without the settled consciousness
' of nationality, they could not know what might be their
See Part national wants or necessities. Hitherto they had un-
536' 562 derstood the benefits of union only as dependent coh-
670, 571. nies, and with reference merely to restraining or resist
ing the arbitrary extension of its authority, by a power
to which they acknowledged and confessed all due alle-
" giance ; and from which they had not even thought of
separating themselves. But now that they had, by
the declaration of their independence, virtually severed
the tie of their political relationship with the parent
state, they became extremely doubtful and cautious
with what attributes they should clothe their own na
tional administration.
Causes of These reflections introduce us at once to the causes
its ineffi- ^hfoh produced the main defects in the Confederation.
ciency, re- r . .
servation It will be observed as the most pernicious of all its
to the*618 provisions, that in the states respectively, was reserved
states. the right and the power of carrying out the decrees
of the congress, and executing them upon the people
witliin their respective jurisdictions ; while the general
government, the Congress, had no power by which it
could enforce the states themselves to comply with its
measures. The evil might, perhaps, have been avoided,
had the question been, as it really should have been,

THE UNITED STATES OF AMERICA.

UNDER THE CONFEDERATION. PART IV.
not what powers shall the states yield, up to the con- Their na-
gress, (if the congress were to be the general govern- ^ji0^
ment,) but, on which' shall fall that superintending basis of
sovereignty which was but lately admitted to reside in pendence."
the. crown and parliament? . They were, a nation only in See pages
their capacity of united states. In this capacity alone '
had they declared themselves sovereign and independ
ent. If they were to continue this national capacity —
and without it, when the. confederation was adopted,
they were nothing but dependent and revolting colo
nies — the object desired was, to erect a government,
which should be invested with those very attributes of
sovereignty which were thus wrested from. the. crown ;
subject only to such restrictions as might, peradventure,
arise from the peculiar relations of the parties to the
compact. Had the Colonies themselves been wholly independent Colonial
of each other when they proclaimed their independence sovereign-
of Great Britain,, then the sovereignty exercised over l7-
each of them, by the parent state, would undoubtedly
have reverted to each, respectively. Then they might,
rightfully j have considered themselves severally invest
ed with the absolute and unqualified attributes of sov
ereignty. But there never was a time, in all their past
history, when they had not.been subject. either to Great
Britain, or to the Congress. And at the very time their
independence was declared, as we have seeny each and
every one of them had, by the very necessities of their
situation, and by its own voluntary acquiescence in
the exercise of the powers the congress necessarily
assumed, subjected itself to the direction and control
of a general government which was virtually vested
with these very prerogatives of sovereignty. The rev
olutionary congress, the nation's congress, the author
ized representatives of the whole American people, had
thus already assumed and exercised the powers of sov
ereignty heretofore belonging to the crown and parlia
ment, and no one ever once thought of questioning the
55

THE GOVERNMENTAL HISTORY OF

Part IV. the permanent union

Mutual de- validity of their proceedings, or resisting their au-
colonies. Besides this, it is historically true, that the colonies
had oftentimes manifested and declared their depend
ence upon each other, before they declared their inde-
* See Sto- pendence of Great Britain. Indeed their severalty, so'
ry, Kent. far as their political relations with Great Britain and
with one another were concerned, was merged in their
general Colonial Union under the martial manifesto.
And Patrick Henry spoke truly as well as patriotically
when he exclaimed in the Congress of 1774 — "All
America is thrown into one mass ! Where are your
landmarks ; your boundaries of colonies ? They are all
* Cited, 1 thrown down. The distinctions between Virginians,.
washing- Pennsylvanians, New-Yorkers, and New-Englanders, are
ton, 898. no more ! I am not a Virginian, but an American!"*
But in order to understand more fully the nature
and extent of the relative dependence of the several
colonies upon each other, we must refer to their earlier
history. As far back as the year 1643, we find that
Articles of Confederation, to secure their general wel
fare and mutual protection, were entered into by the
colonies of New England. These articles will better
illustrate the necessity and importance of their union,
as it was understood and felt by themselves ; and are
less liable to question, than any argument I might ad
vance in support of the proposition ; and I therefore
give them entire, the typography alone being some
what changed.

"Articles of Confederation
The New " Betwixt the plantations under the government of the
cSdera- Massachusets ; the plantations under the government
tion, 1643 of Plimouth ; the plantations under the government
of Connectecut ; and the government of New Haven;
with the plantations in combination therewith :
Preamble. " Whereas, we all came into these parts of America,
with one and the same end and ayme, namely, to ad
vance the kingdome of our Lord Jesus Christ, and to

THE UNITED STATES OF AMERICA. 867
UNDER THE CONFEDERATION. PART IV.
enjoy the liberties of the Gospel, in purity with peace ; Mutual de-
And whereas, in our settling, by a wise providence of If^0*
God, we are further dispersed on the sea-coasts and colonies.
rivers than was at first intended, so that we cannot
(according to our desire) with convenience communi
cate in one government and jurisdiction : And whereas,
we live encompassed with people of severall nations,
and strange languages, which hereafter may prove in
jurious to us and our posterity : And forasmuch as the The New
natives have formerly committed [3] sundry insolencies Confeadera-
and outrages upon severall plantations of the English, *"»>. 1648.
and have of late combined themselves against us :
And seeing by reason of the sad distractions in Eng
land, which they have heard of, and by which they
know we are hindered both from that humble way of
seeking advice, and reaping those comfortable fruits
of protection, which, at other times, we might well -
expect : We therefore do conceive it our bounden
duty, without delay, to enter into a present Consotia-
tion amongst ourselves, for mutual help and strength
in all our future concernments, that, as in nation and
religion, so in other respects, we be, and continue, one,
according to the tenour and true meaning of the ensu
ing Articles :
"I. Wherefore it is fully agreed and concluded, by Covenant
and between the parties, or jurisdictions above named, of umon"
and they doe joyntly and severally by these presents,
agree and conclude, That they all be, and henceforth
be called by the name of, The United Colonies of New
England. "H. The said United Colonies, for themselves and1'30™-
their posterities, doe joyntly and severally hereby enter and 'alms.6*
into a firm and perpetual league of friendship and
amity, for offence and defence, mutuall advice and
succour, upon all just occasions, both for preserving
and propagating the truth and liberties of the Gospel,
and for their own mutuall safety and wehfare.
"HI. It is further agreed, that the plantations which Severalty.

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

Mutual de
pendenceof the
colonies.

The New
England
confedera tion, 1643.

* Rhode
Island was
excluded ;
see ante,
Part II. ,
pages 340, 359.

Charges
for war,
their ap
portion
ment.

Generalcensus.

at present are, or hereafter shall, be, settled within the
limits of the Massachusets, shall be forever under the
government of the Massachusets ; and shall have pe
culiar jurisdiction amongst themselves, as an intire
body ; and that Plimouth, Connecticut, and New Haven,
shall each of them, in all respects, have the peculiar
jurisdiction and government within their limits. And
in reference to the plantations which "already are set
tled, or shall hereafter be erected and shall settle within
any of their limits respectively, provided that no other
jurisdiction shall hereafter be taken in, as a distinct
head, or member of. this Confederation ; nor shall any
other either plantation or jurisdiction, in present beings*
and not already in combination,, or under the jurisdic
tion of [4,J, any of these Confederates, he received by
any of them ; nor shall any two of these confederates,.
joyn in one jurisdiction,, without consent of the rest ;_
which consent to be interpreted as in the sixt ensuing
Article is expressed.
" IY. It is also by these confederates agreed, That the
charge of all just wars, whether offensive or defensive,
upon what part or member of this Confederation soever
they fall, shall both in men, provisions, and all other
disbursements, be borne by all the parts of this Con
federation, in different, proportions, according to their
different abilities, in manner following, namely : That
the commissioners for each jurisdiction, from time to
time, as there shall be occasion, bring a true account
and number of all the males in each plantation, or in
any way belonging to, or under their severall jurisdic
tions, of what quality or condition soever they be,.
from sixteen years old, to threescore, being inhabitants
there. And that according to the different numbers,
which from time to time shall be found in each juris
diction, upon a true and just account ; the service of
men, and all charges of the war.be borne by the poll:
Each jurisdiction, or plantation, being left to their own
just course, and custome, of rating themselves, though

THE UNITED STATES OF AMERICA.

869

UNDER THE CONFEDERATION. PART IT.

the Confederation take no notice of any such privilege. Mutual de-
And that, according to the different charge of each ^ nt^nce
jurisdiction, and plantation, the whole advantage of the colonies.
war, (if it please God so to bless their endeavours,) The New
whether it.be in lands, goods, or persons, shall be pro- England
portibnally divided among the said Confederates. tion,6l'643.
" V. It is further agreed, That if any of these juris-
€ietioWs-j or any plantation under, or in combination
Wifli them, be invaded by any enemy whatsoever, upon
•notice, aftd request of any three magistrates of that
jurisdiction so invaded ; the rest of the confederates,
withaut any further meeting or expostulation, shall
¦fo¥thwitAi send ayde te the confederate in danger, but
in different proportion, namely, Massachusets one hun^
dred men sufficiently armed aud provided for [5] such
•a service, and journey ; And each of tiie rest five and
forty men, so armed and provided, or any lesse num
ber, if lesse be required, according to the proportion, provision
But if such a confederate may be supplyed by their *°r miltual
next confederate, not exceeding the number hereby
agreed, they may crave help there, and seek no further
for the present. "The charge to be borne as in this
Article is expressed. And at their return to be vict
ualled, and 'supplied with powder and shot (if there
be need) for their journey, by that jurisdiction which
imployed, or sent theni; But none of -the jurisdic*
tions to e&ceed'these numbers, till by a meeting of the
¦commissioners for this 'confederation, a greater ayde
appear necessary. And %his propo-tion to continue,
till upon knowledge of the numbers in each jurisdic
tion, which shall be brought to the next meeting some
Other proportion be ordered. But in any such case
'of sending men for present &yde-, whether before or
after Such order or alteration ; it is. agreed that at the
meeting of the commissioners for this confederation, in case the
the cause of such war, or invasion, be duly considered ; Jus^n™"
and if it appear that the fault lay in the party so in- contribu-
vaded, that then, that jurisdiction, or plantation, make

870 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Mutual de- just satisfaction, both to the invaders, Whom they have
ofthe1106 injured, and bear all the charges of the war themselves,
colonies, without requiring any allowance from the rest of the
m, „ confederates toward the same.
The New
England "And further, if any jurisdiction see any danger of
tion 1643. an invasion approaching, and there be time for a meet
ing ; that in such case, three magistrates of that juris
diction may summon a meeting, at such convenient
Notice of Place> as themselves shall think meet, to consider, and
approach- provide against the threatened danger. Provided,"when
)_o_U1Ta they are met, they may remove to what place they please,
only while any of these four confederates, have but
three magistrates in their jurisdiction, a request or sum
mons, from any two of them, shall be accounted of
equall force, with the third mentioned in both the
clauses of this Article, till there be an increase of magis
trates there.
General " YI. [6] It is also agreed, That for the managing
federal an(j concluding of all affairs proper to, and concerning,
sioners. the whole confederation, two commissioners shall be
chosen by and out of the four jurisdictions, namely,
Their num- two for the Massachusets , two for Plimouth, two for
quaiifica- Connecticut, and two for New-Haven, being all in church
tions. fellowship with us, which shall bring full power from
their severall generail courts respectively, to hear, ex
amine, weigh, and determine, all affairs of war, or peace,
leagues, aydes, charges, and numbers of men of war,
Their pow- division of spoyles; or whatsoever is gotten by con-
duties'1 quest ; receiving of more confederates, or plantations,
into combination with any of these confederates ; and
all things of like nature, which are the proper concom
itants, or consequences of such a confederation ; for
amity, offence, and defence, not intermedling with the
government of any of the jurisdictions, which by the
third Article is preserved entirely to themselves. But
if these eight commissioners, when they meet, shall not
all agree, yet it is concluded, that any six of the eight
agreeing, shall have power to settle and determine the

THE UNITED STATES OF AMERICA. 871
UNDER THE CONFEDEJtATION. PART IV.
businesse in question. But if six doe not agree, then Mutual de-
such propositions, with their reasons, so far as they _fDt^eence
have been debated, be sent, and referred to the foure colonies.
generail courts, viz. : the Massachusets, Plimouth, , N
Connecticut and New-Haven. And if at all the said England
generail courts the businesse so referred, be concluded, "km 6 1643.
then to be prosecuted by the confederates, and all their
members. "It is further agreed, That these eight commissioners Federal
shall meet once every year, besides extraordinary meet-g"™™3',.,,
ings, according to the fifth Article, to consider, treat, meet »n-
and conclude of all affaires belonging to this confede- Sept.
ration, which meeting shall ever be the first Thursday
in September. And that the next meeting after the
date of these presents, which shall be accounted the
second meeting, shall be at Boston in the Massachusets, Place of
the. third at Hartford, the fourth at New-Haven, the ^__Jmgai
fifth at Plimouth, the sixth and seventh at Boston, and
then Hartford, New-Haven, and Plimouth, and so in
course successively. If, in the mean time, some middle
place be not found out, and agreed on, which may be
commodious for all the jurisdictions.
" Yn. [7] It is further agreed, That at each meet- May
ing of these eight commissioners, whether ordinary or ^^e *t
extraordinary ; they all, or any six of them agreeing as
before, may choose a president out of themselves, whose
office and work shall be, to take care, and direct for His duties.
order, and a comely carrying on of all proceedings in
the present meeting. But he shall be invested with no
such power or respect, as by which he shall hinder the
propounding or progresse of any businesse, or any way
cast the scales, otherwise than in the precedent Article
is agreed."VIII. It is also agreed, That the commissioners for The com-
this confederation, hereafter at their meetings, whether ™ devteea
ordinary or extraordinary, as they may have commis-.|eJie™1
sion or opportunity, doe endeavor to frame and estab- code.
lish agreements and orders in generail cases of a civil

872

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

Mutual de
pendence ofthecolonies.The New
England
confedera tion, 1643.

Fugitivesfrom serv
ice to be
dehveredup.

Fugitivesfrom jus
tice also.

The war-
making power.

nature, wherein all the plantations are interested, for-
preserving peace amongst themselves, and preventing
(as much as may be) all occasions of war, or differ
ences with others, as about the free and speedy passage
of justice in each jurisdiction, to all the confederates
equally as to their own ; receiving those that remove
from one plantation to another, without due certifi
cates ; how all the jurisdictions may carry it towards
the Indians, that they neither grow insolent nor be
injured without due satisfaction, least war break in upon
the confederates through such miscarriages.
"It is also agreed, That if any servant run away from
his master, into any other of these confederated juris
dictions, that in such case, upon the certificate of one
of the magistrates in the jurisdiction, out of which the
said servant fled, or upon other due proof, the said
servant shall be delivered either to his master, or. any
other that pursues, and brings such certificate or proof.
And tliat upon the escape of any prisoner whatsoever,
or fugitive, for any criminall cause ; whether breaking
prison,, ior getting from the officers, or otherwise escap
ing ; upon the certificate of two magistrates of the ju- .
risdiction out of which the escape is made, that he was
;a prisoner, or such an offender at the time of the
escape ; The magistrates, or [8] some of them of that
jurisdiction, where for the present the said prisoner or
fugitive abideth, shall forthwith grant such a warrant,
as the case will bear, for the apprehending any such
person, and the delivery of him into the hand of the
oifficer, or other person who pursueth him. And if help
'be required for the safe returning of any such offender,
it shall be granted unto him that craves the same, he
paying the charges thereof.
" IX. And for that the justest wars may be of danger
ous consequence, especially to the smaller plantations
in these United Colonies : It is agreed that neither the
Massachusets, Plimouth, Connecticut, nor New Haven,
nor any of the members of any of them, shall at any

THE UNITED STATES OF AMERICA. 873
UNDER THE CONFEDERATION. PART IV.
•time hereafter, begin, undertake, or engage themselves, Mutual de-
or this confederation, or any part thereof- on any war of"^16..!.
whatsoever, (sudden exigents with the necessary con- onies.
sequences thereof excepted, which are also to be mode
rated, as much as fhe case will permit,) without the con
sent or agreement of -the forenamed commissioners, or
at least six of them, as. in the sixt Artide is provided. The New
And that aio charge be required Df any of the confed- confedera-
erates in case of a defensive war, till the said commis- tl0n* 164S-
sioners have met, and approved the justice of the war,
and have agreed upon the sum of money to be levied ;
which sum is then to be paid by the- several confeder
ates, in proportion., according to the fourth Article.
" X. That in extraordinary occasions', when meetings Extrawd!-
are summoned by three magistrates of any jurisdiction, ^one. °Ca"
or two as im the fifth Article, if any of the commission
ers come not, due warning being given or sent, it is
¦agreed, that foure of the commissioners shall have
power to direct a war which cannot be delayed, and to
send for due proportions of men, out of each jurisdic
tion, as well as six might doe, if all .met, but not less
than six shall determine the justice of the war, or
allow the demands, or bills of charges, or cause any
levies to be made for the same.
" XL It is further agreed^ that if any of the confed- Breaches
erates shall hereafter break anv of these present Ar- ot }^ese
J x articles,
ticks, or be any other way injurious to any one of the how
other jurisdictions, such breach of agreement, or injury, rea e '
[9 J shall be duly considered, and ordered by the com
missioners for the other jurisdictions, that both peaee
and this present confederation, may be entirely pre
served without violation.
!" Lastly this perpetual confederation and all articles confirma-
and agreements thereof, being read and seriously ti°n and
considered, 'both by the generail court for the Massa
chusets, and by the commissioners for Plimouth, Con
necticut, and New Haven, were presently and fully
allowed and confirmed by three of the forenamed con-

874 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Mutual de- federates, namely, the Massachusets, Connecticut, and
of the^ol- New Haven : In testimony whereof, the generail
onies. court of the Massachusets, by their secretary ; and the
commissioners for Connecticut and New Haven, sub-
executed scrihed them the 19 day of the third month, commonly
by Mass., called May, Anno Domini 1643.
cut, and " Only the commissioners from Plimouth, having
NeWMa" DrouSnt no commission to conclude, desired respite to
19,1643. advise. with their generali court, which was granted;
and at ithe second meeting of the Commissioners for
the Confederation, held at Boston in September follow-
Further ing, the commissioners for the jurisdiction of Plim-
tompi/m-6n ou*n5 delivered in an Order of their generali court,
outh. dated the 29 of August, 1649, by which it appeared
that these Articles of Confederation were read, ap
proved, and confirmed, by the said .court, and all their
' townships, and their commissioners authorized to rati-
Ratified by fie them by their subscriptions, which they accordingly
ouir did, the 7 day of September, 1643."*

Plan for a Again while a Convention, composed of delegates
union of from the several colonies, was sitting at Albany, for the
the colo- purpose of conferring with the Five Nations of Indians,
posed at with a view to form an alhance with them, in order
Xlu7 m more effectually to resist the encroachments and inva
sions of the French ; they at the same time devised the
plan of a general union of the colonies. The dele
gates from Maryland, Pennsylvania, Connecticut, Rhode
Island, Massachusetts, and New Hampshire, with the
lieutenant-governor and council of New York, ap
pointed a committee of one member from each colony
* These Articles are transcribed from a copy ofthe first printed edition
of the laws, &c, of New Haven, published for the use of that colony in
London, 1666; which may be found in that excellent and valuable com
pilation of "Records of the Colony or Jurisdiction of New Haven from
May, 1663, to the Union with Connecticut," by Charles J. Hoadley, Esq.,
the present State Librarian of the State of Connecticut.

THE UNITED STATES OF AMERICA. 875
UNDER THE CONFEDERATION. PART IV,
to draft a plan for this purpose. The following was Mutual de-
reported and adopted by the convention : of'thTcol-onies.
PLAN FOR A COLONIAL UNION, 1754.
" It is proposed that humble application be made for
an act of parliament of Great Britain, by virtue of which
one general government may be formed in America, Plan for a
including all the colonies; within and under wliich UIU0Il 0f
government each colony may retain its present consti- the 00i£
tution, except in the particulars wherein a change may posed at
be directed by the said act as hereinafter follows. l^g.^ m
I. That the said general government be administered
by a president-general, to be appointed and supported
by the crown ; and a grand council to be chosen by the
representatives of the people of the several colonies,
met in their assemblies.
II. That within  months after passing such
act, the houses of representatives that happen to be sit
ting within that time, or that shall be especially for
that purpose convened, may and shall choose members
for the grand council in the following proportion, that
is to say ; Massachusetts Bay, 7. New Hampshire, 2.
Connecticut, 5. Rhode Island, 2. New York, 4.
New Jersey, 3. Pennsylvania, 6. Maryland, 4. Yir-
ginia,7. North Carolina, 4. South Carolina, 4. Total,
48. IIL The grand council shall meet for the first time
at the city of Philadelphia, in Pennsylvania, being
called by the president-general as soon as conveniently
may be after his appointment.
IY". That there shall be a new election of the mem
bers of the grand council every three years ; and that
on the death or resignation of any member, his place
shall be supplied by a new choice at the next sitting of
the assemblies of the colony he represented.
Y. That after the first three years, when the propor
tion of money arising out of each colony to the gen
eral treasury can be known, the number of member

"876 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Mutual de-to be chosen for each colony shall, from time to time*
of^cd-in aU ensuing elections, be regulated by that propor-
onies, tion ; yet so as that the number to be chosen by any
one province be not more than seven, nor less than two.
YI. That the grand council shall meet once in every
year, and oftener if occasion requires, at such time and
Plan for a place as they shall- adjourn to at the last preceding
unkn of -meeting, or as they shall be called to meet at by the
the colo- president-general^ on any emergency ; he having first
nies, pro-
posed at obtained in writing the consent of seven Of the mem-
UsT7 m oers to such call, and -sent due and timely notice to the
whole, YIL That the -grand council have power to choose
their speaker, and shall neither be dissolved, pro
rogued, nor continued sitting longer than six weeks at
one time ; without their own -consent, or the special
command of the crown.
YIII. That the members of the grand council shall
be allowed for tlieir services ten shiUings sterhng per
diem, during their session, and journey to and from
the place of meeting ; twenty miles to be reckoned a
day's journey-
IX. That tlie assent of the president-general be r&-
quisite to all acts of the grand council ; and that it be
his office and duty to cause them to be carried into exe
cution. X. That the president-general, with the advice of
th© grand council, hold or direct all Indian treaties
in whicli the general interest of the colonies may be
concerned ; and make peaee or declare war with Indian
nations. XL That they make such laws as they judge neces
sary for regulating all Indian trade.
XIL That they make all purchases from the Indians
for the crown, of lands not now within the bounds of
particular colonies ; or that shall not be witliin their
bounds, when some of them are reduced to more con
venient dimensions.

THE UNITED STATES OF AMERICA. * 877
UNDER THE CONFEDERATION. PART IV.,
XIII..' That they make new settlements on- such pur- Mutual de-
chases, by granting, lands in the king's name, reserving __ ^"col*
a quit-rent to the crown, for the use of the general onies-
treasury. XIY. That they make laws for regulating and gov
erning such new settlements, until the crown shall
think fit to form them into particular governments.
XY. That they raise- and pay soldiers, build forts for
tlie defence of any of the colonies, and equip vessels.
of force to guard the coasts and protect the trade on,
the ocean, lakes, or great rivers; but they shall not.
impress men in any colony, without the consent of the
legislature. XYL That for these purposes they have- power to Plan for a
make laws, and lay and levy such general duties, ini?-^^f
posts, or taxe^, as to them shall appear most equal and the colo-
just, (considering the ability and other circumstances ™gedP*t"
of the inhabitants in the several colonies,) and such as Albany in
1754.
may be collected with the. least inconvenience to the,
people ; rather discouraging luxury, than loading in
dustry with unnecessary burdens.,
XYII. That they may appoint a general treasurer
and particular treasurer in each government, when
necessary ; and from time to time may order the sums
in the treasuries of each government into the general
treasury, or draw on them for special payments, as they
find most convenient.
XYHL Yet no money to issue but hy joint orders
of the president-general and grand council, except-
where sums have been appropriated, to particular pur
poses, and the president-general has been previously
empowered, by any act, to draw for such sums.
XIX. That the general accounts shalhbe yearly set
tled and reported to the several assemblies.
XX. That a quorum of. the grand council, empow
ered to act with the president-general^ do consist of
twenty-five members ; among whom there shall be one
or more from the majority of the colonies,

878 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Mutual de- XXI. That the laws made -by them for the purposes
of "thTcol- af°resaid, shall not be repugnant, but, as near as may
onies. be, agreeable to the laws of England, and shall be
transmitted to the King in Council, for approbation, as
soon as may be after their passing ; and if not disap
proved within three years after presentation, to remain
in force.
XXII. That in case of tire death of the president-
general, the speaker of the grand council for the time
being shall succeed, and be vested with the same pow
ers and authorities, to continue until the king's pleas
ure be known.
XXni. That all military commission officers, wheth-
Plan for a or for land or sea service, to act under this general
general constitution, shall be nominated by the president-gen-
the colo- eral ; but the approbation of the grand council is to
posed at ^e obtained before they receive their commissions.
Albany, And all civil officers are to be nominated by the grand
council, and to receive the president-general's approba
tion before they officiate.
XXIV. But in case of vacancy, by death, or removal
of any officer, civil or military, under this constitution,
the governor of the province in which such vacancy
happens, may appoint until the pleasure of the presi
dent-general and grand council can be known.
XXY. That the particular military as well as civil
establishments, in each colony, remain in their present
state, the general constitution notwithstanding; and
that on sudden emergencies any colony may defend
itself, and lay the accounts of expense thence arising
before the president-general and grand council, who
mav allow and order payment of the same as far as
Archives, they judge such accounts reasonable."*

Objections This plan of union, though earnestly proposed, was
never sanctioned. It was objected to in England as
hazardous to the supremacy of the mother country,
and in America as conceding too much power to the

THE UNITED STATES OF AMERICA. 879
UNDER THE CONFEDERATION. PART IV.
crown and parliament of. Great Britain. I refer to Mutual de-
these records of colonial history, simply as indicating __ "he"0...-
the sentiments of the several colonies respecting the onies.
nature and the necessity of their dependence upon each
other ; and as demonstrating the fact, that they had at
all times felt and understood that their mutual inter
ests and safety could be truly and effectually secured
and promoted only by their general union. This is
also clearly illustrated in all their subsequent history.
It was by their union that they had interposed the most
formidable and effective resistance to the encroach
ments of parliament, and the aggressions of the crown.
Without this, all their aims and efforts to procure a
redress of their grievances would have been wholly
wasted. To dissolve their union, to destroy the har
mony of their general associations, and to set them in
hostile array against each other, was the desire, and
had long been the persevering aim, of the ministry of
Great Britain. Their past history, therefore ; the
causes which had brought about the revolution ; the See Part
necessities which compelled the declaration of their ^ _^
independence; and the very circumstances under and 662,
which that independence was declared; had origina- '
ted, and combined to establish between them, ties of
political relationship, of mutual reliance or depend
ence, which could not thereafter with reason, justice,
or propriety, be called in question. It was collectively
that they had declared themselves an independent na
tion ; and as one great nation, inseparably united, they
pledged themselves to one another, and to mankind, to The eom-
achieve and to maintain a national independence. Ittfo^hX!
would have been a violation of this solemn pledge, and pendency,
of the faith with which they had encouraged the whole
American people not only, but also the whole world, to
confide in this pledge, had any one of them thereafter
departed from its provisions. The compact of inde
pendency was a compact of nationality made with
human nature with the whole family of man upon

880

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

The mu
tual de
pendenceof the col
onies ne
cessitatedtheirunion.

See ante,
p. 750.

See ante,
pp. 675,
686.

Further
necessityof their
union.

earth. It was in this their national capacity, compre
hended under the designation of United States, that
they procured a treaty of amity and alliance with
France; that they secured the sympathy and friend
ship of other nations ; that they obtained loans to
carry on the war. It was in this capacity that their
union received the sacred and irrevocable seal of per
petuity under the Confederation. The very terms upon
which the unoccupied lands claimed by the. several col
onies were ceded to the United States, so called, are
evidence of their sense of mutual dependence, as well
as their conviction of the necessity and importance of
their perpetual and indissoluble union. New York
granted her western territory on the express condition
and reservation, that it should be held and appropriated
for the use and benefit of such states as should become
members of the proposed perpetual federal alhance,
and for no other Use or purpose whatsoever. Suppose
this alliance to have ceased, to have lost its character
of perpetuity ; suppose the union to have been dis
solved ; would not the title to these territories revert.
again to the state of New York ? "Would not the same
be true of the lands ceded by Virginia ? Or by Massa
chusetts ? Or by Connecticut ? Or by any other of
the original colonies ? It was under the conviction,
and in the capacity, of their perpetual union alone,
that these cessions were made. It was under this con
viction that their independency was acknowledged by
the crown, and parliament, and peOple of Great Brit
ain. They averred its character of perpetuity, and the
necessity of it, in all their deliberations on the Confed
eration, and in their credentials of authority to their
delegates in congress to ratify the. same.
Hence it was essential to the preservation of their
faith at home, their integrity abroad, their respectabil
ity everywhere. ; aye* to their very existence as an inde
pendent nation, that they should continue united. To
perpetuate tlieir union,, as well as to estabhsh their

THE UNITED STATES OF AMERICA. 881
UNDER THE CONFEDERATION. PART IV.
nationality ^ it was also essential that they should erect Defects of
a national government. And it was equally essential ^t^thg
that that government should possess all the attributes confedera-
and prerogatives of sovereignty, within the sphere over '
which its administration was to operate. Consequen- The neces-
tial to their union and this necessity, was produced the^ty°,fana'
singular anomaly of the constituent parts of a nation ereignty.
brought into competition with the nation itself, for
these abeyant powers of sovereignty.
Hence the very ground of controversy, as I have state sov-
before remarked, which poisoned the provisions of the ^nl^ed
compact of the confederation, and rendered it wholly by the con-
incompetent to the ends and the uses it was intended e era l0n"
to accomplish. It was the reservation, (if powers
which they never possessed could be said to be re
served,) it was rather the conveyance to the states in
severalty, of those powers of sovereignty which did
belong, and must necessarily belong, and which ought
to have been admitted to belong, to the general gov
ernment however designated, which rendered it a life
less and inefficient organization. It was like the spirit
breathing in a paralyzed and helpless frame. The
essentials which constituted an animate being were
there, while the power which alone rendered them use
ful or available was taken away. The political sover
eignty of the general administration was acknowledged,
and a supremacy of power inherent in its existence as
an independent national element, was admitted, while
at the same time the states were clothed, each one by
itself respectively, with the very powers whicli were a
component part of 'the attributes of sovereignty and
independence. Hence, again, it resulted that the powers reserved to Conse-
the Congress under the Confederation, were merely J^g"0^.0
declaratory. It was simply a legislative administra- cession.
tion. It was without the authority requisite to carry
into full or effective operation any measure which it
might deem necessary for the general good. It must
56

882 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of resort to the states, severally and respectively, for their
pactCofthe approbation of its measures. Independently of a
confedera- concurrent and harmonious action of the state legisla
tures, it could not exercise any executive powers. In
other words, it was a government whose executive
authority was vested in thirteen states, each claiming
to be an independent and exclusive sovereignty, and
with either of which a variety of construction, of local
interests, or of sectional rivalry, might operate to pro
duce embarrassment, if not open hostility to its ordi
nances. True, congress was invested with power to originate,
to recommend, and in some instances to adopt, but this
availed nothing where there were so many considera
tions to justify a non-compliance, and to create a dif
ference of opinion even, on the part of those to whom
it must look to give life and efficiency to its ordinances
Originated and enactments. Such differences of opinion might,
erefenty It an<^ *n Practice did, exist in perfect consistency with
conceded the purest patriotism and the best intentions in the sev-
states." eral states. Each yielding to the persuasions of imme
diate and local advantage, might naturally enough feel
itself justified in disregarding the enactments of the
general government, or give to them a construction
equally destructive of their aim.
Thus congress was reduced to "the mere pageantry of
power. It might pass laws, but it could not compel
tlieir observance. No authority was expressly reserved
to enforce obedience to its mandates ; and such power
could not be implied, while each state claimed for itself
the exercise of every power, right, and jurisdiction, not
expressly delegated to congress. The necessary and
unavoidable result was, that its enactments were a nul
lity, alike disregarded by the states and set at nought
by individuals. Each and every one complied or re
fused compliance, as interest or feeling prompted, and
no transgressor apprehended any dangerous or fearful

THE UNITED STATES OF AMERICA. 883

UNDER THE CONFEDERATION. PART. IV.

consequences from a body which had no power to pun- Defects of
ish, whose sovereignty was, vox etpreterea nihil. pattC°fthe
Another serious defect in the system established by confedera-
the compact of the confederation was, that there was
no power in the congress, or the general government, Deficiency
to provide a revenue to meet its current expenses. It in congress
could ascertain what sums were necessary to be raised to provide
a revenue.
for this purpose, and designate the proportion to come
from each state ; but the power to levy and collect the
same was expressly given to the states. It is impossi
ble for us, at this day, to understand all the mischiefs
which resulted from this part of the system during the
war. To know them in their full and thrilling reality
we must make ourselves familiar with all the thousand
details of the revolutionary struggle. Had not the
Congress resorted to foreign laws, that revolution might,
perhaps, never have been accomplished.
* " The principal powers of the general government Summary
under the Confederation," says Justice Story, " respect- g^yStlce
ed the operations of war, and would be dormant in
time of peace. In short, congress, in peace was pos
sessed of but a delusive and shadowy sovereignty, with
little more than the empty pageantry of office. They
were indeed clothed with the power of sending and
receiving ambassadors, and entering into treaties and
alliances ; of appointing courts for the trial of felonies
and piracies on the high seas, and of regulating the
public coin, of fixing the standard of weights and meas
ures, of regulating post-offices, of borrowing money
and emitting bills on the credit of the United States,
of ascertaining and appropriating the sums necessary
for defraying the public expenses, and of disposing of
the western territory; and most of these powers re
quired the assent of nine states. But it possessed not
the power to raise any revenue, to levy any tax, to
enforce any law, to secure any right, to regulate any
trade, or even the poor prerogative of commanding
means to pay its own ministers at a foreign court.

884 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of They could contract debts, but were without the means
pac foTthe to discharge them. They could pledge the public
confedera- faith, but they were incapable of redeeming it. They
could enter into treaties, but every state in the union
could disobey them with impunity. They could con
stitute courts for piracies and felonies on the high seas,
but they had no means to pay either the judges or the
jurors. In a word, all powers which did not execute
themselves, were at the. mercy of the states;, and might
be trampled upon at will and with impunity."
Expression In the more summary and expressive language of
Jay7 ° nJohn Jay, "they might declare everything, and do
nothing." " The United States, under the Confederation," says
The Federalist, " have an indefinite discretion to make
requisitions for men and money ; but they have no au
thority to raise either, by regulations extending to the
individuals of America. The consequence of this is,
By the that though in theory their resolutions concerning
Federalist, these objects are laws constitutionally binding on the
members of the union ; yet, in practice, they are mere
recommendations, which every state may observe or
disregard at its option."
And again, says the same authority, " the concur
rence of thirteen distinct sovereignties is requisite,
under the Confederation, to the complete execution of
every important measure which proceeds from the
union ; and congress at this time scarcely possesses the
means of keeping up the powers of administration till
the states can have time to agree upon a more substan
tial substitute for the present shadow of a federal gov
ernment."
Chief " A government," says Chief Justice Marshall, " au-
M^rhall thorized to declare war, but relying on independent
states for the means of prosecuting it : capable of con
tracting debts, and of pledging the public faith for
their payment, but dependent on thirteen distinct sov
ereignties for the preservation of that faith, could only

THE UNITED STATES OF AMERICA. 885
UNDER THE CONFEDERATION. PART IV.
be saved from ignominy and contempt by finding those Defects of
sovereignties administered by men exempt from the ^.^oTthe
passions incident to human nature." confedera-
These citations, while they pourtray the radical lon'
errors existing in the compact of the confederation,
serve also to illustrate the causes which made that sys
tem of administration such as, , it was, and which ren
dered it so feeble and so defective :. I repeat again, it
was the controversy which arose between the several
colonies, or states, and the general government sought
to be established, as to the general powers of sover
eignty. And why this controversy? There was no
such thing as independent state sovereignty outside of
the provisions of the Confederation. There was no such
thing as a state organization before the declaration of
independence: And there never was any such thing
in America as an .independent colonial sovereignty. The idea
Whence, then, originated this idea of sovereignty in the "^^fg,,.
state independent of the compact for their general ty, whence
union? And upon what is it based? It was their onsina e
compact of union alone, incomplete as it may have been
before the confederation, which transformed the Brit
ish provinces in America from a state of colonial vas
salage to the condition of independency and freedom.
Not a special, subdivided, or several independency, but
an independency based upon the specific and substan
tial idea of national unity. The truth is, that this idea
of exclusive state sovereignty was originally the sug
gestion of the enemies of freedom in America, to pre
vent, if possible, the compact of permanent union under See ante,
the Confederation: It was the artful invention of the 739 ^
ministerial power in England to destroy the harmoni
ous union of the states during their transition from a
state of vassalage to one of independency. I have
shown how it embarrassed and delayed the ratification
of the articles of confederation in the several colonies :
And we now see how, while the states claimed for them
selves those prerogatives, and aimed to restrict the

THE GOVERNMENTAL HISTORY OF

Part IV. the permanent union

Defects of powers of the national administration, a government
pactoTthe was erected whose executive authority was dependent
confedera- on their will and deliberations.
If we could suppose it to operate at all, such a gov
ernment must necessarily experience great embarrass
ment in its operations. For could we suppose the
unanimous consent of these several bodies to its enact
ments, that each was ready and eager promptly to execute
them, it would yet be long before the ordinary forms
of tlieir administration could bring to its aid the most
needful requisitions ; and promptitude, especially in the
then circumstances of the nation, was essential to the
successful termination of its measures. But this is sup-
Srei6nt0V' P0S^nS what it was impossible, in the natural course
and the of things, could exist, where there was so much occa-
fovem- s^on *°r diversity. It could not be expected, where the
ment. several states were liable to be swayed each by its
respective sectional aims, or by political rivalry, that
unanimity would prevail, or that a government so de
pendent could be preserved. Experience had proved
its fearful inefficiency during the war of the revolution ;
and after peace was proclaimed and established ; after.
the perplexities a'nd anxieties, and more pressing sense
of mutual dependence incident to the war, were allayed ;
after the primary object of their union was accom
plished, and the power of the crown was wholly exter
minated; after their independence was definitely con
ceded by the parent state ; the states were ready with
Story3 a ' plausible pretexts for evading the requisitions of con-
Kent, gress.* The accumulating difficulties originating under such
a system of administration, and the consequently
increasing embarrassments of the general government,
if it could be called such, left scarcely a vestige of hope
The sum- that it could long be respected or preserved. The
treasury, which was never full, was now entirely ex
hausted ; and the responsibilities were constantly mul
tiplying, while the public faith was gone, of a nation,

THE UNITED STATES OF AMERICA. 887
UNDER THE CONFEDERATION. PART IV.
still struggling for independence, and burthened with Defects of
a debt of 142,000,375, the annual interest of which ^ofthe
was $2,415,956 ; which consisted chiefly of loans ob- confederar
tained from France and Holland ; and the remainder
from its own citizens, who had also periled their lives,
and poured out their blood, and nobly fought for its
redemption. Yet few seem to have been moved by these alarming
symptoms of ruin and decay whicli were rapidly devel
oping around them. The earliest suggestion which
was made of the inefficiency of the compact of the con
federation as an instrument of government, emanated
from the legislature of New York, in July, 1782, New-York
almost as soon as it had any being. Concurrent resoiu- J£ff_^.
tions were introduced in the senate of that state, byciency of
General Schuyler, and passed both houses, wherein it er_tion,6 "
was declared, that " the radical source of most of the JuI7i if 82.
existing embarrassments, was the want of sufficient
power in congress ; that the confederation was defect
ive in several important points ; and particularly in not
vesting the federal government, either with a power of
providing a revenue, for itself, or with ascertained and
productive funds ; that its defects could not be re
paired, nor the powers of congress extended, by partial
deliberations of the states separately ; and that it was
advisable to propose to congress to recommend, and to
each state to adopt, the measure of assembling a gen
eral convention of the sfo2es,.specially authorized to revise
and amend the articles of confederation."
This was followed by a resolution of the congress, Resolution
wherein it was declared, " that it is the opinion of con- of congreM
* x upon tne
gress, that the establishment of permanent and ade-sugges-
quate funds on taxes or duties, which shall operate New- York
generally, and on the whole in just proportion, through- F^- 12th,
out the United States, are indispensably ' necessary
towards doing complete justice to the public creditors;
for restoring public credit ; and for providing foi; the
further exigencies of the war."

888 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of Subsequently to this a resolution was passed, " that
pact^ofthe^ be recommended to the several states, as indispensa-
confedera- bly necessary to the restoration of public credit, and to
the punctual and honorable discharge of the public
debts, to invest the United States in Congress assembled,
with a power to levy for the use of the United States,
the following duties upon goods imported into the said
states from any foreign port, island, or plantation, viz. :
Upon all rum of Jamaica proof, per gal. , 4^90ths of a doll.
Upon all other spirituous liquors,
Upon Madeira wine,
Upon all other wines, .
A system Upon common Bohea tea, per lb.,
of general Upon all other teas, .
revenue *¦
proposed Upon pepper, per lb.,
states' by UP0U br°Wn SUSar> Per lb-> •
congress, Upon loaf ' sugar, .
17P83. ' Upon all otlier sugars,
Upon molasses, per gallon,
Upon cocoa and coffee,.per lb.,
"Upon all other goods, a duty of five per ct. ad valo
rem, at the time and place of importation :
Duration " These articles to continue for twenty-five years ;
priation of aim the revenue thence accruing to be applied, solely
this reve- and exclusively, to the payment of the principal and ¦
interest of the public debt. The collectors to be ap
pointed by the states, but to be amenable to and re
movable by congress alone."
Permanent It was further " recommended to the several states to
tions" on establish, for a term limited to twenty-five years, and to
the states, appropriate to the discharge of the interest and princi
pal of the debts contracted by the United States for
supporting the war, substantial and effectual revenues
of such nature as they may judge most convenient, for
supplying their respective proportions of one million five
hundred thousand dollars annually, exclusive of the
afore-mentioned duties ; which proportion shall be fixed
and equalized, from time to time, according to the rule
which is or may be, prescribed by the articles of con-

3-90ths

do.

12-90ths

do.

6-90ths

do.

6-90ths

do.

24-90ths

do.

3-90ths

do.

^-90th

do.

2-90ths

do.

l-90th

do.

l-90th

do.

l-90th

do.

THE UNITED STATES OF AMERICA.

889

UNDER THE CONFEDERATION.

Part IV.

federation : And in case the revenues established by any
state, shall at any time yield a sum exceeding its actual
proportion, the excess shall be refunded to it : And in
case the revenues of any state shall be found to be defi
cient, the immediate deficiency shall be made up by
such state with as little delay as possible ; and a future
deficiency guarded against by an enlargement of the
revenues established. Provided, that until the rule of
the Confederation can be carried into practice, the pro
portions of the said 1,500,000 dollars shall be as fol
lows, viz. :
New-Hampshire, Massachusetts, .
Rhode Island,
Connecticut,
New-TTork, New-Jersey,
Pennsylvania,Delaware, .
Maryland, .
Virginia,
North-Carolina, South-Carolina,Georgia,

Defects of
the com
pact of the
confederation.
System of
generalrevenue
proposed to the
states by
congress,April 18th,
1783.

. $52,708 224,427 32,318
132,091
. 128,243 83,358
205,189 22,443
. 141,517 256,487
109,006 96,18316,030
" The said last-mentioned revenues to be collected
by persons appointed as aforesaid, but to be carried to
the separate credit of the states within which they shall
be collected, and an annual account thereof rendered.
That none of the preceding resolutions shall take effect
until all of them shall be acceded to' by every state ; after
which unanimous accessions, however, they shall be
considered as forming a mutual compact among all the
states, and shall be irrevocable by any one or more of
them without the concurrence of the whole, or of a ma
jority of the United States in Congress assembled," and
" That as a further means, as well of hastening the
extinguishment of the debts, as of establishing the har
mony of the United States, it be recommended to the

Apportion
ment on
the states.

The ces
sion of
western lands.

890 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of states, which have passed no acts towards complying
pactCofthe "vvith the resolutions of congress of the sixth of Sep-
confedera- tember and tenth of October, 1780, relative to the ces
sion of territorial claims, to make the liberal cessions
See ante, therein recommended ; and to the states whicli may
752, 754, ' have passed acts complying with the said resolutions in
go? part Part only> to revise and complete such compliance."
These resolutions were accompanied with another,
proposing to the states an amendment of the eighth of
the articles of confederation, so as to establish a more
convenient and certain rule of ascertaining the propor
tions to be supplied by the states respectively to the
common treasury.
These resolutions were also accompanied by an address
prepared by a, committee consisting of Mr. Madison,
Mr. Ellsworth, and Mr. Hamilton, which was by them
reported to Congress on the twenty-sixth of April,
1783. This address so fully sets forth the condition of
public affairs at this time, and so well illustrates the
defects in the confederation, that I deem it essential to
my purpose to insert it entire.
" Address to the States, by the United States in
Congress assembled.
Address of "The prospect which has for some time existed, and
to'the 'which is now happily realized, of a successful termination
States, on 0f the war, together with the critical exigencies of public
public af- „ . ,-,.,,, -, , - „ .
fairs, Apr. affairs, have made it the duty ot Congress to review
Se^ante3- and provide for the debts which the war has left upon
page 729. the United States, and to look forward to the means
of obviating dangers which may interrupt the harmony
and tranquillity of the Confederacy. The result of
their mature and solemn deliberations on these great
objects, is contained in their several recommendations
of the eighteenth inst., herewith transmitted. Al
though these recommendations speak themselves the
principles on which they are founded, as well as the
ends which they propose, it will not be improper to

THE UNITED STATES OF AMERICA. 891
UNDER THE CONFEDERATION. PART IV.
enter into a few explanations and remarks, in order to Defects of
place in a stronger view the necessity of complying p^Tthe
with them. confedera-
" The first measure recommendedis, effectual provision lon'
for the debts of the United States. The amount of Address of
these debts, as far as they can now be ascertained, is t0 tne '
$42,000,375, as will appear by the schedule No. l.*s^>°?
To discharge the principal of this aggregate debt at fairs, Apr.
 26th, 1783.
* Paper No. 1. An estimate of the National Debt.
Livres. Dollars.
Due to the Farmers General of France, 1,000,000
To individuals in France on unliquidated ac
counts, estimated, . . . 3,000,000
To the Crown of France, including a Loan of
10,000,000 borrowed in Holland, and for
which Prance is guarantee, . . 28,000,000
To ditto, a Loan for 1783, . . 6,000,000

38,000,000
At 6 livres, 8 sous per dollar, . . . $7,037,037
To lenders in Holland, received in part of
the Loan contracted for by Mr. J. Adams,

1,678,000 florins,

. 671,200

Borrowed in Spain, by Mr. Jay,

160,000

One year's interest of Dutch Loan of 10,-

000,000 livres, ....

26,848

Foreign Debt, 1st January, 1783,

$7,885,085

DOMESTIC DEBT.

On Loan Office certificates, reduced to specie value, $11,463,802

Interest unpaid for 1781,

190,000

Ditto, " 1782, ....

687,828

Credit to sundries in Treasury Books,

638,042

Army Debt to 31st December, 1782,

6,635,618

Unliquidated Debt, estimated at

8,000,000

Commutation to the Army agreeable to the act of

22d March last, . . .

5,000,000

Bounty due Privates, ....

500,000

Deficiencies in 1783, suppose . .

2,000,000 34,115,290

Total Debt, .

$42,000,375

ANNUAL INTEREST ON DEBT.
On the Foreign Debt, part 4, and part 5 per et., $369,038.6
On the Domestic Debt, at 6 per et., 2,046,917.4— $2,415,956 gee p. ftjo.

892 THE GOVERNMENTAL HISTORY OF
Part IV. the . permanent union
Defects of once, or in any short period, is evidently not within
pact'of'the *ue comPass of our resources ; and even if it could be
confedera- accomplished, the ease of the community would require
that the debt itself should be left to a course of grad-
Address of ual extinguishment, and certain funds be provided for
the U.S. A. payings in the mean time, the annual interest. The
States, on amount of the annual interest, as will appear by the
feirs! Aapr. PaPer last referred to, is computed to be $2,415,956
26th, 1783. dollars. Funds, therefore, which will certainly and
punctually produce this annual sum at least, must be
provided. "In devising these funds, congress did not overlook
the mode of supplying the common treasury provided
by the Articles of Confederation. But after the most
respectful consideration of that mode, they, were con-
Mode strained to regard it as inadequate and inapphcable to
adopted ^g form jnto which the public debt must be thrown.
by the
eonfedera- The delays and uncertainties incident to a revenue to
fective" ^e established and collected from time to time by thir
teen independent authorities, is at first view irrecon
cilable with the punctuality essential in the discharge
of the interest of a national debt. Our own experience,
after making every allowance for transient impedi
ments, has been a sufficient illustration of this truth.
Some departure, therefore, in the recommendations of
congress, from the federal constitution, was unavoid
able ; but it will be found to be as small as could be
reconciled with the object in view, and to be supported
besides by solid considerations of interest and sound
policy.
The pro- " The fund which presented itself on this, as it did on
posed sys- a former occasion, was a tax on imports. The reasons
revenue, which recommended this brahch of revenue have here
tofore been stated in an act of which a copy (No. 2*)
is now forwarded, and need not be here repeated. It
*See post, will suffice to recapitulate, that taxes on consumption
page ' are always least burdensome, because they are least
felt, and are borne, too, by those who are both willing

THE UNITED STATES OF AMERICA. 893
UNDER THE CONFEDERATION. PART IV.
and able to pay them : That, of all taxes on consump- Defects of
tion, those on foreign commerce are most compatible i^ofthe
with the genius and policy of free states : That from confedera-
the relative positions of some of the more commercial
states, it will be impossible to bring this essential re- Address of
source into use without a concerted uniformity : That toet_e '
this uniformity cannot be concerted through any chan- States, on
, , , * public af-
nel so properly as through congress, nor for any pur- fairs, Apr.
pose so aptly as for paying the debts of a revolution 26th> 1>J8Z-
from which an unbounded freedom has accrued to
commerce. "In renewing this proposition to the states, we have Duration
not been unmindful of the objections which heretofore of *he
. . . system.
frustrated the unanimous adoption of it. We have
limited the duration of the revenue to the term of
twenty-five years ; and we have left to the states them
selves the appointment of the officers who are to collect
it. If the strict maxims of natural credit alone were
to be consulted, the revenue ought manifestly to be
co-existent with the. object of it, and the collection
placed in every respect under that authority which is
to dispense the former, and is responsible for the latter.
These relaxations will, we trust, be regarded on one
hand as the effect of a disposition in congress to attend
at all times to the sentiments of those whom they
serve ; and on the other hand, as a proof of their anx
ious desire that provision may be made in some way or
other for an honorable and just fulfillment of the en
gagements which they have formed.
" To render this fund as productive as possible, and Adjust-
at the same time to narrow the room for collusions and ^es°f
frauds, it has been judged an improvement of the plan,
to recommend a liberal duty on such articles as are
most susceptible of a tax according to their quantity,
and are of most equal and general consumption ; leav
ing all other articles, as heretofore proposed, to be
taxed according to their value.
" Tlie amount of this fund is computed to be 915,956 Amount.

894 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of dollars. The estimates on which the computation is
pac "Tthe ma<fe are detailed in paper No. 3* 'Accuracy in the
confedera- first essay on so complex and fluctuating a subject, is
not to be expected. It is presumed to be as near the
Address of truth as the defect of proper materials would admit.
to6theS'A' " Tfie residue of the computed interest is $1,500,000,
States, on and is referred to the states to be provided for by such
fairs, Apr. funds as they may judge most convenient. Here again
26th, 1783. the strict maxims of public credit gave way to the
desire of congress to conform to the sentiments of their
constituents: It ought not to be omitted, however,
with respect to this portion of the revenue, that the
* Paper No. 3. An estimate of the produce of the impost on imported
articles. Before the war the exports from Great Britain to. America were esti
mated at three and a half millions sterling,' in which was included tea ;
but there were importations from Ireland and Scotland, as well as from
Holland, not included in that estimate. It is now thought best to esti
mate the imports of all goods from Europe, exclusive of tea, brandy and
wine, at 3,500,000 sterling — at 4s. 6<£ per dollar, is 15,555,554 dollars.
Impost of 5 per ct., ad valorem, . . . $777,773
On 2,000,000 gallons of rum and other
spirits, . . . 3-90ths per gallon, 66,666.60-90
100,000 ditto Maderia wine, 12-90ths 13,333.30
600,000 " other wine,
300,000 lbs. Bohea tea,
25,000 " other tea,
75,000 cwt. sugar (including loaf,) 56
200,000 lbs. coffee and cocoa,
2,000,000 gallons molasses,

Net Revenue on this estimate, $916,956
There are no precise data from which this computation could be made
with any degree of certainty. The number of inhabitants has governed
in part, and the imports of particular articles into the port of Philadel
phia have been attended to. The exactitude of the computation is of the
less consequence, as the act of the 16th December, 1782, provides, that
if the revenue shall at any time exceed the annual interest, the residue
shall form a sinking fund for the discharge of the principal ; and if it shall
be found insufficient, the states will be called upon to enlarge their grants
of revenue.

6

40,000

6

20,000

24

6,666

56

46,666

1

2,222

1

22,223

995,550

it 8 per ct.,

79,594

THE UNITED STATES OF AMERICA. 895
UNDER THE CONFEDERATION. PART IV.
mode in which it is to be supplied, varies so little from Defects of
that pointed out in the articles of confederation ; and pac^oTthe
the variations are so conducive to the great object pro- confedera-
posed, that a ready and unqualified compliance on the
part of the states may be the more justly expected. Address of
In fixing the quotas of this sum, Congress, as may be *0et_e" ' '
well imagined, were guided by very imperfect lights, sta*e3 on
and some inequalities may consequently have ensued. fairs,April,
These, however, can be but temporary, and as far as 11ss-
they may exist at all, will be redressed by a retrospect
ive adjustment, as soon as a constitutional rule can be
applied. " The necessity of making the two foregoing provis- Necessity
ions one indivisible and irrevocable act is apparent, nfanency'"
Without the first quality, partial provision only might of the pro
be made where complete provision is essential ; nay, as tem.
some states might prefer and adopt one of the funds
only, and the other states the other fund only, it might
happen that no provision at all would be made : With
out the second, a single state out of the thirteen might
at any time involve the nation in bankruptcy, the mere
practicability of which would be a fatal bar to the es
tablishment of national credit. Instead of enlarging on
these topics, two observations are submitted to the jus
tice and wisdom of the legislatures : First, the present The public
creditors, or rather the domestic part of them, having
either made their loans for a period which has expired,
or having become creditors in the first instance invol
untarily, are entitled on the clear principles of justice
and good faith to demand the principal of their credits,
instead of accepting the annual interest. It is neces
sary, therefore, as the principal cannot be paid to them
on demand, that the interest should be so effectually
and satisfactorily secured, as to enable them, if they
incline, to transfer their stock at its full value. Sec
ondly; if the funds be so firmly constituted as to
inspire a thorough and universal confidence, may it not
be hoped, that the capital of the domestic debt, which

THE GOVERNMENTAL HISTORY OF

Part IV. the permanent union

Defects of bears the high interest of six per cent., may be can-
*etc°™t_e celed by other loans obtained at a more moderate
confedera- interest ? The saving by such an operation, would be
a clear one, and might be a considerable one. As a
Address of proof of the necessity of substantial funds for the sup-
to6the Port °f our credit abroad, we refer to paper No. 4.*
states on " Thus much for the interest of the national debt :
fairs,April For the discharge of the principal within the term lim-
*'78S- ited, we rely on the natural increase of the revenue
from commerce ; on requisitions to be made from time
to time for. that purpose, as circumstances may dictate;
and on the prospect of vacant territory. If these
Principal resources prove inadequate, it will be necessary at the
tional m" expiration of twenty-five years, to continue the funds
debt. now recommended, or to establish such others as may
then be found more convenient.
" With a view to the resource last mentioned, as well
as to obviate disagreeable controversies and confusions,
See ante, Congress have concluded in their present recommenda-
?s_.'752' tions a renewal of those of the sixth day of September,
and of the tenth day of October, 1780 : In both these
respects, a, liberal and final accommodation of all inter
fering claims of vacant territory, is an object which
cannot be pressed with too much solicitude.
Amend- "The last object recommended -is, a constitutional
cmifedeJa-6 change of the rule by which a partition of the common
tion. burdens is to be made. The expediency, and even ne
cessity of such a change,, has been sufficiently enforced
by the local injustice and discontents which have pro
ceeded from valuations of the soil in every state where
the experiment has been made. But how infinitely
must these evils be increased, on a comparison of such
valuations among the states themselves ! On whatso-
*See post, ever side indeed this rule be surveyed, the execution
page 900., of it mugt be atten(_e(_ w_th the most serious difficul
ties. If the valuations be referred to the authorities
of the several states, a general satisfaction is not to be
hoped for: If they be executed by officers of the

THE UNITED STATES OF AMERICA. 897
UNDER THE CONFEDERATION. PART IV.
United States traversing the country for that purpose, Defects of
besides the irregularities against which this mode would Pact°ofthe
be no security, the expense would be both enormous confedera-
and obnoxious : If the mode taken in the act of the
17th of February last, which was deemed on the whole Address of
least objectionable, be adhered to, still the insufficiency t0 the'
of the data to the purpose to which they are to be sta'e.s °°
applied, must greatly impair, if not utterly destroy, all fairs,April,
confidence in the accuracy of the result, not to mention
that as far as the result can be at all a just one, it will
be indebted for the advantage to the principle on
wliich the rule proposed to be substituted is founded.
" This rule, although not free from objections, is liable Amend-
to fewer than any other that could be devised. The^0°fed.
only material difficulty which attended it in the delib- eration.
erations of Congress, was to fix the proper difference
between the labour and industry of free inhabitants,
and of all other inhabitants. The ratio ultimately
agreed on was the effect of mutual concessions ; and
if it should be supposed not to correspond precisely
with the fact, no doubt ought to be entertained that an
equal spirit of accommodation among the several legis
latures, will prevail against little, inequalities which
may be calculated on one side or on the other. But
notwithstanding the confidence of Congress, as to the
success of this proposition, it is their duty to recollect
that the event may possibly disappoint them ; and to
request that measures may still be pursued for obtain
ing and transmitting the information called for in the
act* of the seventeenth February last, which in such
event will be essential.
" The plan thus communicated and explained by Con
gress must now receive its fate from tlieir constituents.
.All the objects comprised in it are conceived to be of
great importance to the happiness of this Confederated
Eepublic, are necessary to render the fruits of the rev-
* An act requiring the state legislatures to furnish Congress with an
accurate survey, and account, of lands granted or conveyed by them.
57'

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

.Defects of olution a full reward for the blood, the toils, the cares,
pactcrftiie an<* ^ie calamities which have purchased it. But the
confedera- object of which the necessity will be peculiarly felt,
and which it is peculiarly the duty of Congress to incul-
Address of cate, is the provision recommended for the national
the U.S. A. , , ,
to the debt.
states on « Although this debt is greater than could have been
pUDilC ELI~ .. -. . . ,__ ^
fairs,April, wished, lt is still less on the whole than could have
1783- been expected; and when referred to the cause in

The pro
vision for

which it has been incurred, and compared with the bur
dens which wars of ambition and vain-glory have en
tailed on other nations, ought to be borne not only with
cheerfulness but with pride. But the magnitude of the
the nation- debt makes no part of the question. It is sufficient
al debt, that the debt has been fairly contracted, and that jus
tice and good faith demand that it should be fully dis
charged. Congres shad no option but between different
modes of discharging it. The same option is the only
one that can exist with the states. The mode which'
has, after long and elaborate discussion, been preferred,
is, we are persuaded, the least objectionable of any
that would have been equal to the purpose. Under
this persuasion, we call upon the justice and plighted
faith of the several states to give it its proper effect, to
reflect on the consequences of rejecting it, and to
remember that Congress will not be answerable for
them.
" If other motives than that of justice could be requi
site on this occasion, no nation could ever feel stronger;
for to whom are the debts to be paid ? To An Ally, in
the first place, who to the exertion of his arms in sup
port of our cause, has added the succors of his treas
ure; who, to his important loans, has added liberal
donations ; and whose loans themselves carry the im
pression of his magnanimity and friendship :
" To individuals in a foreign country, in the next
place, who were the first to give so precious a token of
their confidence in our 'ustice, and of their friendship

Public creditors.
France.

Foreign creditors.

THE UNITED STATES OF AMERICA. 899
UNDER THE CONFEDERATION. PART IV.
for our cause, and who are members of a republic Defects of .
which was second in espousing our rank among na-*^,tc°mt"he
tions. confedera-
" Another class of creditors is, that illustrious and
patriotic band of fellow-citizens, whose "blood and whose Address of
bravery have defended the liberties of their country ; to6^8- A'
who have patiently borne, among other distresses, the states on
privation of their stipends, whilst the distresses of their fairsllpYil,
country disabled it from bestowing them : And who, llJ8S-
even now, ask for no more than such a portion of their
dues as will enable them to retire from the field of vic
tory and glory, into the bosom of peace and private cit
izenship, and for such effectual security for the residue
of their claims, as their country is now unquestionably
able to provide.
" The remaining class of creditors is composed partly Domestic
of such of our fellow-citizens as originallv lent to the c.re<?itors-
public the use of their funds, or have since manifested of claims.
most confidence in their country, by receiving transfers
from the lenders ; and partly of those whose property
has been either advanced or assumed for the public
service. To discriminate the merits of these several
descriptions of creditors, would be a task equally un
necessary and invidious. If the voice of humanity
plead more loudly in favor of some than of others, the
voice of policy no less than of justice, pleads in favor
of all. A wise nation will never permit those who
relieve the wants of their country, or who rely most on
its faith, its firmness, and its resources, when either of
them is distrusted, to suffer by the event.
"Let it be remembered finally, that it has ever been Their
the pride and boast of America, that the rights for rights the
which she contended were the rights of human nature, which we
By the blessing of the Author of these rights on the contended-
means exerted for their defence, they have prevailed
against all opposition, and form the basis of thirteen
independent states. No instance has heretofore oc
curred, nor 'ian any instance be expected hereafter to

900 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of occur, in which the unadulterated forms of republican
pactCofthe government ca'n pretend to so fair an opportunity of
confedera- justifying themselves by their fruits.
"In this view the citizens of the United States are
Address to responsible for the greatest trust ever confided to a po-
J0ethe ' " litical society. If justice, good faith, honor, gratitude,
states on and all the other qualities which ennoble the character
fairs'lprii, of a nation, and fulfill the ends of government, be the
1783. fruits of our establishments, the cause of liberty will
Conclu- acquire a dignity and lustre which it has never yet en-
sion. joyed ; and an example will be set which cannot but
have the most favorable influence on the rights of man
kind. If, on the other side, our governments should
be unfortunately blotted with the reverse of these car
dinal -and essential virtues, the great cause which we
have engaged to vindicate, will be dishonored and be
trayed ; the last and fairest experiment in favor of the
rights of human nature will be turned against them ;
and their patrons and friends exposed to be insulted
and silenced by the votaries of tyranny and usurpa
tion. "By order of the United States in Congress assem
bled." * " * *

See ante, The document referred to in the foregoing address
page 896. as paper No. 4, contained an extract from a letter from
Dr. Franklin, to the superintendent of finance, bear
ing date December, 1782 ; and a letter to the same
from the Minister Plenipotentiary of France, bearing
date Marcii fifteenth, 1783. Each of these letters is
important in this connection as illustrative of the con
dition of the credit of the United States abroad at their
respective dates ; and showing the critical condition of
the public affairs under the defective provisions of the
from Dr. compact of the confederation. Dr. Franklin wrote :
Franklin, ,
°° *neal "Passy, December 23d, 1782.
credit " Friday last, order was given to furnish me with six
Dec°ai782. hundred thousand livres immediately, and I was an-

THE UNITED STATES OF AMERICA. 901
UNDER THE CONFEDERATION. PART IV.
swered by M. de'. Vergennes, ' that the rest of the six Defects of
millions should be paid us quarterly in the course of PactCoft~be
the year 1783.' I pressed hard for the whole sum de- confedera-
manded, but was told ' it was impossible.'
" Our people certainly ought to do more for them
selves. It is absurd the pretending to be lovers of hb
erty, while they grudge paying for the defence of it.
It is said here, that an impost of five per cent, on all
goods imported, though a most reasonable proposition,
had not been agreed to by all the states, and was there
fore frustrated ; and that your newspapers acquaint the
world* with this, with the non-payment of taxes by the
people, and with the non-payment of interest to the
creditors of the public.
"The knowledge of these things has hurt our credit
and the loan in Holland ; and would prevent our get
ting anything here but from government. The foun
dation for credit abroad should be laid at home, and
certain funds should be prepared and established before
hand, for the regular payment at least of the interest."
The minister of France, at Philadelphia, writes, under Letter of
date Marcii 15th, 1783, to the U. S. superintendent of the French
finance : " I abstain from repeating here the other parts K__i.at
of the Count de' Vergennes' dispatches, which I hadPhia>on.
the honor to communicate, because the truths they con- credit"
tain are well known to you, and because they may allf^'
be reduced to this single position, that without a speedy
establishment of solid general revenue, and an exact per
formance ofthe engagements which Congress have made,
you must renounce the expectation of loans in Europe.
" I am ordered also, sir, to inform Congress, that my
Court expect they will have takeni final and satisfactory
measures to secure payment of the interest of the debt
contracted with his majesty by the United States. But
I content myself with communicating this circumstance * j
to you, and before announcing it directly to Congress, of con-
I will wait till their present embarrassments shall be fj^
diminished."*

902 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of The paper referred to in the foregoing address, as
pactCofthe ^°- 2 * was a fetter addressed by the Congress to the
confedera- governor of Rhode Island, December sixteenth, 1782,
remonstrating with that state because it had refused to
Letter of comply with the recommendation, previously made by
to aeGov. ^ae congress, for a duty on imposts and prize goods,
of Rhode similar to the plan proposed by the address : That
the public letter concludes : " It is certainly pernicious to leave
£J"edlt'782 any government in a situation of responsibility dispro
portioned to its power. The conduct of the war is en
trusted to Congress, and the public expectation turned
upon them without any competent means at their com
mand to satisfy the important trust. After the most
full and solemn deliberation, under, a collective view of
all the public difficulties, they recommend a measure
whicli appears to them the corner-stone of the public
safety. They see this measure suspended for near two
years ; partially complied with by some of the states ;
Exigencies" rejected by one of them, and in danger on that account
national to be frustrated; the public embarrassments every day
affairs. increasing; the dissatisfaction of the army growing
more serious ; the other creditors of the public clam
oring for justice ; both irritated by the delay of meas
ures for their present rehef or future security ; the
hopes of our enemies encouraged to protract the war ;
the zeal of our friends depressed by an appearance of
remissness and want of exertion on our part ; congress
harassed; the national character suffering; and the
national safety at- the 'mercy of events. This state of
things cannot but be extremely painful to Congress, and
appears to make it their duty to be urgent to obviate
the evils with wliich it is pregnant."

These are certainly most graphic delineations of the
evils which flowed from the deficiency of power en
trusted to congress, as an instrument of national gov
ernment, under the Confederation. The remedy pro-
892. posed was also urged upon the states by the most

THE UNITED STATES OF AMERICA. 903
UNDER THE CONFEDERATION. PART IV.
earnest, forcible, and patriotic appeals from the most Defects of
' distinguished and able statesmen of that day, both in jj^ofthg
and out of congress, and was made the subject of confedeia-
special commendation by General Washington, in a cir
cular address to the governors of the several states, as
he was about resigning his command of the American
armies, and as his farewell advice, as commander-in-
chief, to his countrymen. " Unless," says he, " the
states will suffer congress to exercise those prerogatives
which they are undoubtedly invested with by the con
stitution (confederation) everything must very rapidly
tend to anarchy and confusion. It is indispensable Washmg-
to the happiness of the individual states that there tCj^-°^ 0f6
should be lodged sojcaewhere a supreme power to regu- public
late and govern the general concerns of the Confed- a aira*
erated Republic, without wliich the union cannot be of
long duration.
" There must be a faithful and pointed compliance
on the part of every state with the late proposals and
demands of congress, or the most fatal consequences .
will ensue. Whatever measures have a tendency to
dissolve the union, or contribute to violate or lessen the
sovereign authority, ought to be considered hostile to
the liberty and independence of America, and the authors
of them treated accordingly : And, lastly, unless we
can be enabled, by the concurrence of the states, to
participate in the fruits of the revolution, and enjoy the
essential benefits of civil society, under a form of gov
ernment so free and uncorrupted, so happily guarded
against the danger of oppression, as has been devised
by the Articles of Confederation ; it will be a subject
of regret that so much blood and so much treasure
have been lavished to no purpose ; that so many suffer
ings have been encountered without compensation;
and that so many sacrifices have been made in vain."

Such was the aspect of public affairs under the Con
federation, when the bitter experiences of war were

904 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of exchanged for the definitive assurances of peace. The
pactTnJie recognition of our national independence by Great'
confedera- Britain seemed to convey to the people of the states
the impression that the severest trial had gone by, and
that their career henceforth was to be one of prosper
ous progress, without any particular regard for that
national capacity the development of which had been
consummated in their union under the graver adversi
ties of the revolution. The states still retained tlieir
jealousy of a general sovereignty, and were reluctant
to surrender back to congress the prerogatives which
they had secured to themselves under the Confedera-
The neces- tion. They had not yet learned so to appreciate their
nationaf national character as to refer to that alone as the basis
sovereign- 0f their independence, of their prosperity at home, and
.rally lit "'of their respectability abroad. A further experience
or under- seemed necessary to teach them the need of a national
government invested with a national sovereignty, in
order to give security to that independence, and dura
tion and efficiency to that national character. It was
well, therefore, in order to give permanency and star
bility to the frame of government thereafter to be
erected, that their record should be such as might con
vey a lesson of instruction to all coming generations
of their descendants. And before we allow; ourselves
to estimate lightly the untold blessings and benefits of
the union, we should ponder well this portion of our
governmental history.
I shall continue to give the record of that experience
as written by those who were a part of it, in the day
and time of it, and knew how to analyze it, to estimate
it, and to describe it.
See ante, On the fifteenth day of February, 1786, a committee
P- 888- consisting of Mr. King, Mr. Pinckney, Mr. Keane, Mr.
Monroe, and Mr. Pettit, to. whom were referred several
gress,Feb., reports and documents concerning the system of general
1786, revenue recommended by the Congress on the eight
eenth of April, 1783, reported as follows, viz. :

THE UNITED STATES OF AMERICA. 905
i — ^  " — ¦ — ¦
UNDER THE CONFEDERATION. PART IV.
" That in pursuance of the above reference, they have Defects of
examined the acts of the several states, relative to the L_tc_ft__
general system of revenue recommended by Congress confedera-
on the eighteenth of April, 1783, and find : That the lon' ,
states of Delaware and North Carolina, have passed
acts in full conformity with the several parts thereof; ^P^j^
the former of which states has inserted a proviso in of general
their act, restraining the operation thereof until each pe._poge_
of the other states shall have made a like and equally by con
gress to
extensive grant : That the states of New Hampshire, the states.
Massachusetts, Connecticut, New Jersey, Virginia and Feb,> 1>!86-
South Carolina, have each passed acts complying with
that part of the system which recommends a general
impost ; but have come to no decision on the other
part, which proposes the establishment of funds, sup
plementary to, and in aid of, the general impost : That^n™^e
the state of Pennsylvania has passed an act complying states.
with the recommendation of the general impost ; and
in the same act has. declared that their proportion or
quota of the supplementary funds shall be raised and
levied on the persons and estates of the inhabitants of
that state, in such manner as the legislature thereof
shall from time to time direct, with this proviso, that
if any of the annual proportion of the supplementary
funds shall be otherwise raised and paid to the United
States, then such annual levy or tax shall be discon
tinued. "The Committee conceive that this clause is rather
an engagement that. Pennsylvania will provide adequate
supplementary funds, than an actual establishment
thereof; nevertheless, the act. contains a proviso re
straining its operation until each of the other states
shall have passed laws in full conformity with the
whole of the revenue system aforesaid : Tlie Committee
further find: That the state of Rhode Island has passed „ . ,
' ,, . , . . , , . ¦ ,._. „. r Partial
an act on this subject, but so different from the plan complian-
recommended, and so wholly insufficient, that it can-ces'
not be considered as a compliance with any part of the

906 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of system submitted for their adoption : That the state of
pac^oftiie Maryland passed an act in 1782, and a supplement
confedera- thereto in 1784, complying with the recommendation
of congress of the 3d February, 1781 ; which recom
mendation is not compatible with, and was relinquished
by, the resolves of Congress of the 18th of April, 1783 ;
the system but that neither the state of Maryland, New York, nor
revenue™1 Georgia, has passed any act in pursuance of the sys-
proposed tem of the 18th of April, 1783.
gres-to "From this statement it appears, that seven states,
^states viz., New Hampshire, Massachusetts, Connecticut, New
Jersey, Virginia, North Carolina and South Carolina,
have granted the impost in such manner that if the
other six states had made similar grants, the plan of
Its recep- the general impost might immediately begin to operate.
th"1 t7t That two other states, viz., Pennsylvania and Delaware,
have also granted the impost, but have connected their
grant with provisoes which will suspend their opera
tion until all the other states shall have passed laws in
full conformity with the whole of the revenue system
aforesaid: That two only of these nine states, viz.,
Delaware and North Carolina, have fully acceded to
that system in all its parts ; and that the four other
states, viz., Rhode Island, New York, Maryland and
Georgia, have not decided in favor of any part of
the system of revenue aforesaid, so long since and
so repeatedly presented by Congress for their adop
tion.
Fitness of " The Committee have thought it their duty, candidly
the gener- to examine the principles of this system, and to dis-
a sys em. c^q^ . - p0SSiD_ej the reasons which have prevented
its adoption : They cannot learn that any member of
the Confederacy has stated or brought forward any
objections against it ; and the result of their impartial
enquiries into the nature and operation of the plan,
has been a clear and decided opinion that the system
itself is more free from well-founded exceptions, and
is better calculated to receive the approbation of the

THE UNITED STATES OF AMERICA. 907
UNDER THE CONFEDERATION. PART IV.
several states, than any other that the wisdom of con- Defects of
i • the com-
gress can devise. pact ofthe
"In the course qf this inquiry, it most clearly ap-confedera-
peared; that the requisitions of Congress for eight years
past have been so irregular in tlieir operation, so un- Report on
certain in their collection, and so evidently unprqduc- *^e SJ^^
tive, that a reliance on them in future, as a source revenue
from whence monies are to be drawn to discharge the by°con-
engagements of the Confederacy, definite as they are gress to
in time and amount, would be not less dishonorable to j"eb., 1786.
the understandings of those who entertain such confi
dence, than it would be dangerous to the welfare and Temporary
peace of the Union. The Committee are therefore unan-™£^n
imously impressed with the indispensable obligation tbe states
that congress are under of representing Jo the imme-at,ie.
diate and impartial consideration of the several states,
the utter impossibility of maintaining and preserving
the faith of the federal government by temporary re
quisitions on the states, and the consequent necessity
of an early and complete accession of all the states to
the revenue system of the 18th of April, 1783.
" Although in a business of this magnitude and im- Tne ado_
portance to the respective states, it was natural to ex- tion of the
pect a due degree of caution, and a thorough investi-tem the
gation of the system recommended, yet the committee °^ll hope
° J i of thecon-
cannot forbear to remark, that this plan has been under federacy.
reference for nearly three years ; that, during that
period, numerous changes have taken place in the del
egations of every state ; but that this system has re
ceived the repeated approbation of each successive
congress ; and that the urgency of the public engage
ments at this time renders it the unquestionable duty
of the several states to adopt, without further delay,
those measures which alone, in the judgment of the
committee, can preserve the sacred faith of this Confed
eracy." "The following state of facts must convince the

908 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of states of the propriety of urging this system with unu-
PactTthe sual anxiety at this period.
confedera- « That the sum necessary to discharge the
interest on loans of the king of France,
to the 1st of January, 1787, is . . $240,740.60
Report on For. interest on certificates to foreign offi-
of6 gener™! cers> made payable in France, to the 1st
revenue January, 1787,  $22,370.00
by°con-d For interest on the Spanish loan, to the
gresstothe 21st March, 1787, .... $48,596.55
stitos
Feb., 1786. For interest on the Dutch loans, to the 1st
June, 1787,  $265,600.00

$577,307.25
Statement " That although some of the objects of disbursement
foreign are in the year 1787, the periods at which they become
debt and <jue wjh g^-^ the absolute necessity of an immediate
interest. '
provision for them.
" That notwithstanding some of the above sums do
not fall due until 1787, yet, exclusive of the same, there
will be due on the French and Dutch loans, in that year
1,252,938 dollars and 57-90ths, and during the nine
succeeding years, that is until the year 1797, including
the payment of the interest and the partial re-imburse-
ments of the capitals of the French and Dutch loans,
the average sum of near one million of dollars annu
ally ; for the certain obtaining of which, at fixed
periods, effectual measures can no longer be delayed.
More fully to illustrate this subject, the Committee
annex a schedule of the French and Dutch loans, shew
ing the periods of their redemption, with the annual
interest payable thereon, until their final extinction.
"In addition to the above foreign demands, the inter
est on the Spanish loan, and the debts due to foreign
officers, must he provided. for and annually paid. The
amount of these annual demands will be greatly in
creased by adding the annual interest on the domestic
debt, the whole of which is not yet liquidated, and the

THE UNITED STATES OF AMERICA. 909
UNDER THE CONFEDERATION. PART IV.
aggregate whereof will, consequently, be enlarged be- Defects of
yond its last estimate. paetC_fthe
" Tlie Committee contemplate, with great satisfaction, confedera-
the prospect of extinguishing a part of the domestic
debt, by the sales of the western territory of the Uni- Report on
ted States : But a considerable time must elapse before of6^,,^
that country can be surveyed and disposed of; and the revenue
domestic creditors, until that event, must depend for by con-
support on the justice of tlieir country. The revenue gressto the
system, if adopted, would afford this support, and Feb., 1786.
enable Congress to fulfill the public engagements with
their foreign creditors. The whole product of this sys
tem is appropriated for -the payment of the principal
and interest of the national debt, and no part thereof
can be diverted to other purposes.
" That it has been the earnest wish of Congress to pre-Tempora-
vent the vast accumulation of foreign interest that now r.y reciuisi"
¦ ° tions from
exists, appears from their estimates and requisitions of Nov., 1781
the twenty-seventh of April, 1784, and the twenty- $8J6*n'
seventh of September, 1785. And the following abstract
taken from the books of the treasury, of the amount of
monies brought into the federal treasury in the course
of the four last years4 viz., between the first of Novem
ber, 1781, and the first of January, 1786, will show the
little success of requisitions, and demonstrate the in
adequacy of their products to maintain the federal
government and at the same time to discharge the an
nual public engagements.
" The receipts of taxes from the first of
November, 1781, to first November,
1784, amount to ... . $2,025,089.34
From the first November, 1784, to the
first of January, 1786, . . . $432,897.81

Total, $2,457,987.25
"Thus it is evident that the sum of 2,457,987 dol- Total
lars and 25-90ths only, was received in a space of more ce!Pts
than four years, when the requisitions, in the most forci-

910 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of ble manner, pressed on the states the payment of much
pact°ofthe larger sums, and for purposes of the highest national
confedera- importance. It should be observed here, that the
tion. .
receipts of the last fourteen months of the above period,
Report on amount only to 432,897 dollars and 81-90ths, which is
of genera™ at the rate of 371,052 dollars per annum, a sum short
revenue 0f what is essentially necessary for the bare mainten-
proposed ' J J
by con- ance of the federal government on the most econom-
thTstates 1C3^ establishment, and in time of profound peace.
Feb., 1786. " The Committee observe, with great concern, that the
security of the navigation and commerce of the citizens
of these states from the Barbary powers, the protection
of the frontier inhabitants from the savages, the imme
diate establishment of military magazines in different.
Indispen- parts of the union, rendered indispensable by the prin
ter to'se-^ ciples °f public safety, the maintenance of the federal
cure the government at home, and the support of the pubhc
safety. servants abroad, each and all, depend upon the contri
butions of the states under the annual requisitions of
congress. The monies essentially necessary for these
- important objects, will so far exceed the sums formerly
collected from the states by taxes, that no hope can be
indulged of being able from that source, to make any
remittances for the discharge of foreign engagements.
" T/ius circumstanced, after the most solemn delibera
tion, and under the fullest conviction that the" public
embarrassments are such as above represented, and
that they are daily increasing, the committee are of
opinion, that it has become the duty of Congress to
The im- declare most explicitly, that the crisis has arrived when
perative r •" '
and inevi- the people of the United States, by whose will and for
table crisis. wlioge benefit the federal government was instituted,
must decide whether they will support their rank as a
nation, by maintaining the public faith at home and
abroad ; or whether, for want of a timely exertion in
establishing a general revenue, and thereby giving
:trcngth to the confederacy, they will harard not only
the existence of the union, but of those great and

THE UNITED STATES OF AMERICA. 911
UNDER THE CONFEDERATION. PART IV.
invaluable privileges for which they have so arduously Defects of
and so honorably contended." pactCofthe
The report being adopted, " to the end that congress confedera-
might remain wholly acquitted from every imputation
of a want of attention to the interest and welfare of
those whom they represented," it was
" Resolved, That the requisitions of Congress of the Resolu-
twenty-seventh of April, 1784,* and the twenty-seventh ^report
of September, 1785,f cannot be considered as the es- Feb- ^S6-
tablishment of a system of general revenue, in opposi- *2,986,952.6S
tion to that recommended to the several states by thet$3'000'000,
resolves of congress of the. eighteenth April, 1783.
" Resolved, That the resolves of Congress of the
eighteenth of April, 1783, recommending a system of
general revenue, be again presented to the considera
tion of the legislatures of the several states, which have
not fully complied with the same : That it be earnestly
recommended to the legislatures of New-Hampshire,
Massachusetts, Connecticut, New-Jersey, Pennsylvania,
Virginia, and South Carolina, whicli have complied only
in part with the said system, completely to adopt the
same : and to
"The legislatures ofthe states of Rhode Island, New-
York, Maryland and Georgia, which have not adopted
the said system, either in whole or in part, to pass laws,
without further delay, in full conformity with the same.
But as it is highly necessary that every possible aid
should in the most expeditious manner be obtained to
the revenues of the United States, it is therefore recom
mended to the several states, that, in adopting the said
system, they enable the United States in Congress as
sembled, to carry into effect that part which relates to
the impost, so soon as it shall be acceded to.
"Resolved, That whilst Congress are denied the Inevitable
means of satisfying those engagements which they have ^''le^
constitutionally entered into for the common benefit
of the union, they hold it their duty to warn the: ; con
stituents that the most fatal evils will inevitably flow

912 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects'of from a breach of public faith pledged by solemn con-
M°5tCofthe tract, and a violation of those principles of justice which •
confedera- are the only solid basis of the honor and prosperity of
tion. .. ,, - r f j
nations."

It is needless to look further for evidence of the in
efficiency of the Confederation. There cannot be
found a more moving or conclusive demonstration of
the dependency of congress upon the will of the thir
teen states of the union, each now claiming to be a dis
tinct and independent sovereignty, than is embodied in
State sov- the foregoing report and resolutions. The idea of state
"and^he7 sovereignty independently and exclusive of the federal
embarrass- union, it will be at once seen, was the source of all the
thegen- embarrassments which now clustered about the Con-
erai gov- gress? palsying the action of the general government, and
proving the inefficiency of the compact of the Confed
eration as the basis of any national administration.
However this extreme idea of state sovereignty may
have originated, it was the grand defect of the confed
eration that it recognized it, and incorporated it into
its provisions. But it was there, and until it should be
measurably surrendered back to its original source,
The meas- Congress must necessarily be dependent upon its will.
oSmendedTo that will the appeal was now made. It met with a
by con: commendable response in most of the states, but the
felted by measures it recommended were opposed and defeated
why 7°* ty tlie rejection, of a single state, the state of New-York.
The state of New-York was censured for her refusal
to adopt the measures thus urged upon the states by
Congress: But I think, and experience has shown,
unjustly. It was undoubtedly influenced by the con
viction that it was impossible, under the existing arti
cles of confederation, to accomplish the ends aimed at
Defect of by the Congress and desired alike by all. It was, in
the reve- f , b t extending the dependence of the national ad-
nue system i",vyu' - n 'ti
proposed ministration upon the states for twenty-five years, witn-
gresT' out any power to enforce the proposed system even if

THE UNITED STATES OF AMERICA. 913
UNDER THE CONFEDERATION. PART IV
adopted by the states, and made a mutual contract, Defects of
with all the solemnities and powers of revocation vested pa_tc°frt,e
alone in the' Congress. It was itself as objectionable confedera-
in this regard as any of the existing provisions of the
Confederation. In order to secure the advantages of
a happy,, peaceful, prosperous and effective national-
government,, a total remodeling of the whole fabric
was necessary. The present one had Utterly failed,
having been found inadequate to the" relations and exi
gencies of the nation, and its continuance ceased to be
an object of desire even with the warmest advocates of
the Union.
In the words of Justice Story,* " all parties felt that * story, on
the Confederation had at last totally failed as an in- g^^"
strument of government ; that its glory was departed
and its days of labor done ; that it stood the shadow
of a mighty name ; that it was- seen only as a decayed
monument of thepast, incapable of any enduring record ;
that the steps of its decline were numbered and fin
ished ; and that it was now pausing before that com
mon sepulchre of the dead whose inscription is nulla
vestigia retrorsum"
Upon reverting to the Articles of Confederation it No power
will be observed that there was no power vested in the J_ regulate
general government, or the Congress, to regulate either commerce.
foreign or domestic commerce. The absence of any
national- provision, on this subject was the source of
great embarrassment in the commercial intercourse of
the states, and also disadvantageous to their foreign
trade. To remedy this defect a proposal was made,
emanating from the general assembly of the state of TheAn-
Virginia, for a convention of delegates from the _ev-_^_-
eral states to be held at Annapolis, in Maryland. This tion of
proposition originated in this wise : Sept' 11S6'
¦ Commissioners were appointed by the legislatures of How it
Virginia and Maryland, to form a compact in relation oriSinated->
to the navigation of the rivers Potomac and Pocomoke,
and a part of the Bay of Chesapeake. They met for
58

914 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Defects of this purpose at Alexandria, in March, 1785. While at
*^tc°mjhe Mount Vernon, on a visit to General Washington, it
confedera- was agreed, probably at his suggestion, that these com
missioners should propose to their respective govern
ments the appointment of other commissioners to meet
with them, who should be empowered to make joint ar
rangements for maintaining a naval force in the Chesa
peake, and that they might also apply to congress for its
The An- assent thereto ; that they should also establish a tariff of
napohs duties on imports to which the laws of both states should
conven- r
tion of be made to conform. These matters being subse-
itTorigbi6 'quently submitted to the legislature of Virginia, an
and object, additional resolution was adopted, directing the sugges
tion which related to the duties on imports to be com
municated to all the states in the union, with an invi
tation to them to send deputies to the proposed Con
vention.
Resolution On the twenty*first day of January, 1786, a short
°inirir"j n time after the passage of the resolutions above referred
1786.' to, a further resolution was adopted by the general
assembly of Virginia, appointing commissioners from
that state " to meet such as might be appointed by
other states in the union, at a time and place to be
agreed upon, to take into consideration the trade of the
United States ; to examine the relative situation and
trade of the several states ; to consider how far a uni
form system of commercial relations might be neces
sary to their common interest and their permanent har
mony ; and to report to the several states such an act
/ relative to this great object, as, when unanimously rat
ified by them, will enable the United States in Congress
assembled, effectually to provide for the same : " *
congress. The circular letter , transmitting these resolutions to the
respective states, proposed Annapolis, in Maryland, as
the place, and the fourteenth day of the then next Sep-
. tember, as the time, for holding such convention. The
tion how proposition was favorably received by some of the states,
received. and fiye of themj viZj New York, New Jersey, Penn-

THE UNITED STATES OF AMERICA. 915
UNDER THE CONFEDERATION. PART IV.
sylvania, Delaware, and Maryland, responded by ap- The Ap
pointing delegates to the convention. They met at°o_°Jn.
Annapolis at the time mentioned. On the opening of *ion °'
the convention, Mr. John Dickinson was appointed chair
man, and the members proceeded to discuss the objects for
which they had convened. Feeling, however, that they
were not competent, from the limited nature of their pow- Meeting
ers, to accomplish any beneficial result, and somewhat!11111. organ-
discouraged by the small number of states represented, the con-
they determined upon no specific measures ; but united vention-
in a report to their respective states, in which they
represented the insufficiency of the Confederation, and
the necessity of such a revision of the system as should
cure all its defects. They recommended that delegates
for that purpose should be appointed by the several
state legislatures, to meet each other in convention at A federal
Philadelphia on the second day of May then next, recom-1'011
The reasons for preferring a separate convention, for merided to
the consideration of this subject, to the Congress, were confedera-
stated to be " that, in the latter body, it might be too tiori-
much interrupted by the ordinary business before them; w y*
and would, besides, be deprived of the valuable coun
sels of sundry individuals, who were disqualified by
the constitution, or laws of particular states, or by
peculiar circumstances, from holding a seat in the Con
gress. A copy of this report was transmitted also to
congress in a letter from the chairman of the Con
vention, urging the inefficiency of the federal govern
ment, and the necessity of devising such further pro
visions as would render it adequate to the exigencies
of the union. The action of this Convention was fol
lowed, in October of the same year, by an act in the Response
general assembly of Virginia appointing commission- °[ ^ir"
ers, or delegates, to the proposed Federal Convention,
which act recited as follows, viz.
"An Act for appointing deputies from this Common- .
wealth, to a convention proposed to be held in the city

916

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

Response of Virginia
to the re
commendation of
the An
napolis conven
tion. Oct.
16, 1786.

Recog
nizes the
crisis.

of Philadelphia, in May next, for the purpose of revis
ing the federal constitution. Whereas the commission
ers who assembled at Annapolis on the fourteenth day
of September last, for the purpose of devising and
reporting the means of enabling Congress to provide
effectually for the commercial interests of the United
States, have represented the necessity of extending the
revision of the federal system to all its defects, and have
recommended that deputies, for that purpose be ap
pointed by the several legislatures to meet in conven
tion, in the city of Philadelphia, on the second day of
May next ; a provision which was preferable to a dis
cussion of the subject in Congress, where it might be too
much interrupted by the ordinary business before them,
and where it would besides be deprived of the valu
able counsels of sundry individuals who are disquali
fied by tlie constitution, or laws of particular states, or
restrained by peculiar circumstances, . from a seat in
that assembly. And whereas the general assembly of
this Commonwealth taking into view the actual situa
tion of tlie Confederacy, as well as reflecting on the
alarming representations made from time to time by
the United States in congress, particularly in their act
of the fifteenth day of February last, can no longer
doubt that the crisis is arrived at which the good people
of America are to decide the solemn question, whether
they will, by wise and magnanimous efforts, reap the
fruits of that independence which they have so glori
ously . acquired, and of that union which, they have
cemented with so much of their common blood ; or
whether by giving way to unmanly jealousies and pre
judices, or to partial and transitory interests, they will
renounce the auspicious blessings prepared for them by
the revolution, and furnish to its enemies an eventual
triumph over those by whose virtue and valor it has
been accomplished.
And whereas the same noble and extended policy, and
the same fraternal and affectionate sentiments, which

THE UNITED STATES OF AMERICA. 917
UNDER THE CONFEDERATION. PART I.V»
originally determined the citizens of this Common- Response
wealth to unite with their brethren of the otlier states °0 thegpro?
in estabhshing a federal government, cannot but be felt Posal j°r a
with equal force now, as motives to lay aside every info- conven-
rior consideration, and to concur in such, further con-^11^^?*-
cessions and provisions as may be necessary to secure
the great objects for Which that government was insti
tuted, and to render the United States as happy in
peace as they have been glorious in war. Be it there
fore enacted," 8rc. The act goes on to provide for the
appointment of commissioners or delegates to the pro
posed convention, " with power to meet such deputies as powers of
may be appointed and authorized by other states, to as- tej dele-
semble in convention at Philadelphia as above recom
mended, and to join with them in devising and discuss
ing all such alterations and further provisions as may
be necessary , to render the federal constitution adequate .
to the exigencies of the union ; and in reporting, such
an act for that purpose to the United States in Congress,
as when agreed to by them, and duly confirmed by the
several states, will effectually provide for the same."
The example of Virginia was followed by the state Response
of New Jersey, which appointed * * * « Commis- j£_^iw
sioners, to meet such commissioners as have been, or Nov. 23,
may be, appointed by the other states in the Union, at
the city of Philadelphia, in the commonwealth of Penn- Powers of
sylvania, on the second Monday in May next; for thehe^dele"
purpose of taking into consideration the state of the
Union, as to trade and other important objects, and of
devising such other provisions as shall appear to be
necessary to render the Constitution ¦ of the general
government adequate to the exigencies thereof."
The state of Pennsylvania next responded to the Response
proposal, by "An act appointing delegates to the con- °Lf™i£
veution to be held in the city of Philadelphia, for the Dec. 30,
purpose of revising the Federal Constitution," which
act recited as follows :
"Sec. 1st. Whereas, the general assembly of this

918 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Response Commonwealth, taking into their serious consideration
sylTOnia'to tne representations heretofore made to the legislatures
the propo- of the several states in the Union, by the United States
qqI fop q
federal m Congress assembled, and also weighing the difficulties
oonven- under which the confederated states now labour, are
tion. Dec. '
so, 1786. fully convinced of the necessity of revising the Federal
Constitution, for the purpose of making such altera
tions and amendments as the exigencies of our public
affairs require: And whereas, the legislature of the
state of Virginia have already passed an act of that
commonwealth, empowering certain commissioners to
meet at the city of Philadelphia in May next, a con
vention of commissioners or deputies from the different
states ; and the legislature of this state are fully sen
sible of the important advantages which may be de
rived to the United States, and every of them, from
co-operating with the commonwealth of Virginia, and
the other states of the confederation, in the said
design :
Powers of "Sec 2d. Be it enacted, * * * appoints dele
ft del6" gates to the convention, " with powers to meet such dep
uties as may be appointed and authorized by the other
states, to assemble in the said convention at the city
aforesaid, and to join in devising, deliberating on, and
discussing, all such alterations, and further provisions,
as may be necessary to render the Federal Constitution
fully adequate to the exigencies of the Union, and in
reporting such act, or acts, for that purpose, to the Uni
ted States in Congress assembled, as when agreed to by
them, and duly confirmed by the several states, will
effectually provide for the same."
Response These examples were followed next in point of time,
CaroUua. ty the state of North Carolina, whose general assem-
i?876' ^' on tne s*xtn ^ay °^ Jaimai7> 1787, passed an act,
entitled "An act for appointing deputies from this state
to a convention proposed to be held in the city of Phil
adelphia, in May next, for the purpose of revising the
Federal Constitution." This act provided for the ap-

THE UNITED STATES OF AMERICA. 919
UNDER THE CONFEDERATION. PART IV.
pointment of five commissioners, with power to them, Response
or any three of them, " to meet at Philadelphia on the c_roUnahto
first day of May next, then and there to confer with the propo-
C'll foi" A.
such deputies as may be appointed by the other states federal
for similar purposes, and with them to discuss andc^vejjni
decide upon the most effectual means to remove the 6, 1787.
defects of our Federal Union, and to procure the en- Powers of
larged purposes which it was intended to effect ; and gateB-
that they report such an act to the general assembly
of this state, as when agreed to by them, will effectuaUy
provide for the same."
On the twelfth day of February, 1787, the state of Response
Georgia passed "An ordinance for the appointment o/Feb. ia,
deputies from this state lor the purpose of revising the 178l?-
Federal Constitution," who, or any two or more ofPoweraof
them, were thereby "authorized, as deputies from this her dele-
state, to meet such deputies as may be appointed and
authorized by other states, to assemble in convention
at Philadelphia, and to join with them in devising and
discussing all such alterations and farther provisions,
as may be necessary to render the Federal Constitution
adequate to the exigencies of the Union, and in report
ing such an act for that purpose to the United States
in Congress assembled, as when agreed to by them, and
duly confirmed by the several states, will effectually
provide for the same."
The state of Delaware next responded, and on the Response
third day of February, 1787, passed "An Act appoint- °fJ_e,F6b
ing deputies from this state to the convention proposed 3, 1787.
to be held in the city of Philadelphia, for the purpose
of revising the Federal Constitution ; " reciting :
"Whereas, the general assembly of this state are
fully convinced of the necessity of revising the federal
constitution, and adding thereto such further provis
ions as may render the same more adequate to the ex
igencies of the Union ; And whereas, the legislature
of Virginia have already passed an act of that com
monwealth, appointing and authorizing certain com-

920 . THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union •
Response missioners to meet, at ihe city of Philadelphia, in May
waretcfthe next, a convention of commissioners or deputies from
proposal the different states : And this state being willing and
endcon-" desirous of co-operating with the commonwealth of
vention. Virginia, and the other states in the confederation, in
1787.' so useful a design :
Powers of "Be it therefore enacted," * * * * naming del-
herdele- egates and appointing them — "with powers to meet
such deputies as may be appointed and authorized hy
the other states to assemble in the said convention at
the city aforesaid, and to join with them in devising,
deliberating on, and discussing, such alterations and
further provisions as may be necessary to render the
Federal Constitution adequate to the exigencies of the
Union : And in reporting such act, or acts, for that pur
pose, to the United States in Congress assembled, as
when agreed to by them, and duly confirmed by the
several states, may effectually provide forthe same: So
always and provided, that such alterations or further
provisions, or any of them, do not extend to that part
of the fifth article of the Confederation of the said
states, finally ratified on the first day of March, in the
year one thousand seven hundred and eighty-one, which
declares that ' in determining questions in the United
States in Congress assembled, each state shall have one
vote.' "

Thus far there was a voluntary and very ready re
sponse, on the part of the states, to the proposal made
by the Annapolis Convention for a convention to revise
the Federal Constitution,
The pro- In Congress, on the twenty-first day of February,
P^le^e.d" 1787, nine states being present, "the report of a
vention in Grand Committee, consisting of Mr. Dane, Mr. Var-
Febg26i,S' mm, Mr. S. M. Mitchell, Mr. Smith, Mr. Cadwallader,
1787. Mr. Irvine, Mr. N. Mitchell, Mr. Forrest, Mr. Grayson,
Mr. Blount, Mr. Bull, and Mr. Few ; to whom was re
ferred a letter of the fourteenth of September, 1786,

THE UNITED STATES OF AMERICA. 921
 #
* UNDER THE CONSIDERATION. PART IV.
from Mr. J. Dickinson, written at the request of ^Com- The pro-
missioners from the states of Virginia, Delaware, Penii-^gralora
sylvania, New Jersey, and New York, assembled at the convention
city of Annapolis; together with a copy of the report gress, Feb.
of the said Commissioners, to the legislatures of the 2ist' 1!7i8'7,
states by whom they were appointed — being the order
of the day, was called up, and is eontained in the fol
lowing resolution, which was read, viz. :
"Congress having had under consideration the letter Report of
of John Dickinson, Esq., chairman of the eommission^ ^t°°m"
ers who assembled at Annapolis, during the last year ; thereon.
also the proceedings of the said commissioners, and
entirely coinciding with them, as to the inefficiency of
the federal government, and the necessity of devising
such farther provisions as shall render the same ade
quate . to the exigencies of the union ; do strongly re
commend to the different legislatures to send forward
delegates, to meet the proposed convention, on the sec
ond Monday in May, next, at the city of Philadelphia."
The delegates from the state of New York thereupon Proposi-
laid before the Congress instructions which they had |on fyomk
received from their constituents, and, in pursuance of in refer-
the said instructions, moved to postpone the farther ™ ce there"
consideration of the foregoing report, in order to take
up the following proposition, viz. :
"That it be recommended to. the -states composing the
Union, that a convention of representatives from the
said states respectively, be held at * * * * on
* * * * for the purpose of revising the articles
of confederation and perpetual union of the United
States of America ; and reporting to the United States
in Congress assembled, and to the states respectively j
such alterations and amendments of the said articles
of confederation, as the representatives met in such
convention shall judge proper and necessary, to render
them adequate to the preservation and support of the
umon."
The question on the motion of New York, to post-

922 THE GOVERNMENTAL HISTORY OF
K 
Part IV. the permanent union
Action of pone, the ayes and nays being called, was lost. A mo-
^^p^ tion was then made by the delegates from Massachu-
posai for a setts, on behalf of that state, to postpone the further
conven- consideration of the report, in order to take into con-
tion, Feb. sideration a motion which they, read in their place.
21st, 1787. This being agreed to, the motion of the delegates from
Massachusetts was taken up, and being amended, was
agreed to as follows :
" Whereas there is provision in the articles of confed
eration and perpetual union, for making alterations
Proposi- therein, by the assent of a Congress of the United
Massachu- States, and of the legislatures of the several states :
setts in And whereas experience hath evinced that there are
reference __ i •
thereto, defects in the present confederation, as a means to
remedy which, several of the states, and particularly
the state of New York, by express instructions to their
delegates in congress, have suggested a convention for
the purposes expressed in the following resolution ; and
such convention appearing to be the most probable
means of establishing in these states a firm national
government,
Resolution Resolved, That in the opinion of Congress, it is expe-
mending dient, that on the second Monday in May next, a con-
the pro- vention of delegates who shall have been appointed by
posed con- ° A L *
vention to the several states, be held at Philadelphia, for the sole
_tates.T6ral an^ exPress purpose, of revising the articles of confed
eration, and reporting to congress and the several leg
islatures, such alterations and provisions therein, as
shall, when agreed to in congress, and confirmed by the
states, render the federal constitution adequate to the
exigencies of the government, and the preservation of
the union."
Appoint- Pursuant to the foregoing resolution, the legislature
delegates of the state of New York> on the sixth of March, 1787,
by New appointed delegates on the part of that state " to meet
such delegates as may be appointed on the part of the
other states respectively, on the second Monday in May
next, at Philadelphia, for the sole and express purpose

THE UNITED STATES OF AMERICA 923
under the confederation. Part IV.
of revising the articles of confederation ; and report- The pro-
ing to congress, and to the several legislatures, such p?^6^4-
alterations and provisions therein, as shall, when agreed vention.
to in congress, and confirmed by the several states, ren
der the federal constitution adequate to the exigencies
of government and the preservation of the union."
By an act passed March eighth, 1787, the legisla-Appoint-
ture of South Carolina appointed deputies from that ^^' ^a
state, " to meet such deputies or commissioners as may by South
be appointed and authorized by other of the United March 8th,
States, to assemble in convention, at the city of Phila- 1'78'7-
delphia, in the month of May next, or as soon there
after as may be, -and to join with such deputies or com- Their
missioners (they being duly authorized and empow-powers"
ered) in devising and discussing all such alterations,
clauses, articles and provisions, as may be thought nec
essary to render the federal constitution entirely ade
quate to the actual situation and future good govern
ment of the confederated states ; and together with the
said deputies or commissioners, or a majority of them
who shall be present, (provided the state be not repre
sented by less than two) do join in reporting such an
act to the United States in Congress assembled, as when
approved and agreed to by them, and duly ratified and
confirmed by the several states, will effectually provide
for the exigence of the union"
Tlie act of the legislature of Massachusetts recited By Massa-
the resolution of congress, and authorized the governor IpTif^th
of that state to commission five delegates appointed to 1W*
the proposed convention, who, or any three of them,
were duly commissioned on the ninth day of April,
1787, " to meet such delegates as may be appointed by
the other, or any of the other, states in the union, to
meet in convention at Philadelphia, at the time and
for the purposes aforesaid."
The act of the general assembly of the state of Con- By Con
necticut also recited the resolution of congress of the May1°i78lL
21st of February ; and on the second Thursday of May,

924 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The pro- 1787, appointed three delegates, thereby requesting
eral con- them " to proceed to Philadelphia without delay;"
vention. authorizing and empowering such one er more of
them as should " actually attend the said convention to
represent this state therein, and to confer with such
delegates appointed by the several states, for the pur
poses mentioned in the said act of congress, that may
be present and duly authorized to act in said conven
tion, and to discuss upon such alterations and provi-
Conn. del- sions, agreeable to the general principles of republican
Their pow- government as they shall think proper to render the
ers and in- foderal constitution adequate to the exigencies of the
structions. 77-
government and the preservation of the union: And
they are further directed, pursuant to the said act of
congress, to reportsuch alterations and provisions as
may be agreed to by a majority of the United States,
represented in convention,, to the congress of the
United States,, and to the general assembly of this
state."
Appoint- The legislature of the state of Maryland, at its ses-
ddegates si°n iQ May, 1787, passed "An act for the appointment
by ^&?7~ of, and conferring powers in deputies from this state
26th', 1787. to the federal convention," by which five delegates were
" appointed and authorized, on behalf of this state, to
meet such deputies as may be appointed by any other
of the United States, to assemble in convention at Phil
adelphia for the purpose of revising the federal system,
and to join with them in considering such alterations
and further provisions as may be necessary to render
the federal constitution adequate io the exigencies qf
Their pow- fhe union: And in reporting such an act for that
structions" purpose to the United States in Congress assembled as
when agreed to by them and duly confirmed by the
several states, will effectually provide for the same.
And the said deputies, or such of them as shall attend
the said convention, shall have full power to represent
this state for the purposes aforesaid : And the said dep
uties are hereby directed to report the proceedings of

THE UNITED STATES OF AMERICA. 925
UNDER THE CONFEDERATION. PART IV
the said convention, and any act agreed to therein, toThepro-
the next session of the general assembly of this state." er^con?"
The legislature of the state of New Hampshire, was vention.
the last to appoint delegates to the proposed conven
tion, although by no means indifferent to; the crisis in
the public affairs of the nation, or insensible of the im
portance of vesting the national government with more
efficient prerogatives and resources. With the exception. Appoint-
perhaps,, of Virginia and Pennsylvania, the preamble ™ft of
to her enactment on this occasion, evinces a state of, by New
feehng more competent tothe existing exigency than ^,a™pjune
any we have yet seen. It was entitled "An act for ap- 27th, 1787.
pointing deputies from this state, to the convention pro
posed to be holden in tlie city of Philadelphia, in May*
1787, for. the purpose of revising the federal constitu
tion." And recited, " Whereas in the formation of the
federal compact which frames the bond of union of the,
American states, it was not- possible, in the infant state,
of our republic, to devise a system which in the course
of time and experience, would not manifest imperfec
tions that it would be necessary to reform..
"And whereas the limited powers, which by. thepreamDie
articles of confederation, are vested in the Congress of t0 .the aP-
the United States, have been found far inadequate to act.
the enlarged purposes which they were intended to pro
duce : And whereas congress hath, by repeated and
most urgent representations, endeavored to awaken
this, and other states of the union, to a sense of the
truly critical and alarming situation in which they may
inevitably be involved, unless timely measures be taken
to enlarge the powers of congress ; that they may be.
thereby enabled to avert the dangers which threaten
our existence as a free and independent people": And Their con-
whereas this state hath been ever desirous to act upon cil.ia.t°ry
the liberal system of the general good of the United
States, without circumscribing its views to the narrow
and selfish objects of partial convenience ; and has
been at all times, .ready to make any concession to the

926 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Powers of safety and happiness of the whole, which justice and
Hamp_W sound policy could indicate. Be it therefore enacted,
shire dele- by the Senate and House of Representatives in General
the pro- Court convened, that * * * (naming the delegates,)
eraf con- ^e an<^ nereDy are appointed commissioners ; they or
vention. any two of them, are hereby authorized and empowered,
as deputies from this state, to meet at Philadelphia, in
said convention, or at any other place to which the con
vention may be adjourned, for the purposes aforesaid,
there to confer with such deputies as are, or may be
appointed by the other states for similar purposes, and
with them to discuss and decide upon the most effectual
means to remedy the defects of our federal union, and
to procure and secure the enlarged purposes whicli it
was intended to effect, and to report such an act to the
United States in Congress, as when agreed to by them,
and duly confirmed by the several states, will effect
ually provide for the same."

Provision Thus early and readily, twelve states of the union,
govern- all except the state of Rhode Island, signified tlieir
ment ofthe sense 0f the earnest exigencies of the nation, by ap-
terntonal ..'-,, .
domain of pointing delegates to meet in the proposed convention,
Statesmted to deliberate upon a revision of the federal constitu-
1787. tion : Meanwhile the Congress is engaged in the forma
tion of another compact between the states, equally
obligatory, and equally interesting and important in its
relations to our governmental history.
The immense western territory, ceded by several ofthe
states to Congress as a part of the national domain, to
be used for the common benefit of the United States,
Itsimpor- became at once a subject of new and thrilling -interest
necessity. *° them all. Its settlement, its proprietorship, its gov
ernment, and its relations and position in the federa
tive system, were matters of great moment and careful
consideration. Hence the Ordinance of 1787, so called :
An ordinance which has been, is now, and may still
hereafter, often be referred to, not only as embodying a

THE UNITED STATES OF AMERICA. 927
UNDER THE CONFEDERATION. PART IY.
precedent for territorial government, but also as a Compact
political compact whose tenor and principles, in their "J^
obligation upon the nation and the states, must con- m&nt ofthe
tinue to be of binding efficacy while the union lasts, domain of
For while it defines the reach of the territorial domain *|,F- s-
of the United States at the formation of the present
constitution, taken together with that instrument —
which did not alter or abridge any one of its essential
provisions — it also serves to mark the limit of the na
tional jurisdiction thereby established. It is in this Its impor-
aspect of it, that it becomes of importance in this con- political *
nection, in our governmental history. , compact.
"An Ordinance for the government of the territory of the
United States, North-West ofthe river Ohio.
"Be it ordained by the United States in Congress as- District-
sembled, That the said Territory, for the purposes of Ing*
temporary government, be one district ; subject, however,
to be divided into two districts, as future circumstances
may, in the opinion of Congress, make it expedient.
"Be it ordained by the authority aforesaid, That the Descent _
estates, both of resident and non-resident proprietors bution of "
in the said territory, dying intestate, shall descend to, estates in.
and be distributed among, their children, and the de
scendants of a deceased child in equal parts ; the de
scendants of a deceased child or grand-child, to take
the share of theif deceased parent in equal parts among
them ; and where there shall be no children or descend
ants, then in equal parts to the next of kin, in equal
degree : and among collaterals, the children of a de
ceased brother or sister of the intestate, shall have, in
equal parts among them, their deceased parents' share :
and there shall in no case be a distinction between kin
dred of the whole and half-blood ; saving in all cases Dower in.
to the widow of the intestate, her third-part of the real
estate for life, and one third-part of the personal estate ;
and this law relative to descents and dower, shall re- Wills and
main in full force until altered by the legislature of the conTeyan-ces,
district. And tmtilthe governor and judges shall adopt

928 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Compact laws as hereinafter mentioned, estates in said territory
govern- may be deTise<i or bequeathed by wills in writing,
ment of the signed and sealed by him, or her, in whom the estate
doniainof mav &e (being of full age) and attested by three wit-
fio-J1" s' nesses. And real estates may be conveyed by lease and
release, or bargain and sale, signed, sealed, and deliv-
Execution ered by the person, being of full age, in whom the estate
of deeds. ™ay be, and attested, by two witnesses ; provided such
wills be duly proved, and such conveyances be acknowl
edged, or the execution thereof duly proved, and be
recorded within one year after proper magistrates,
courts, and registers,, shall be appointed for that pur-
Transfer pose: And personal property may be transferred by de-
propertyT livery ; saving, however, to the French and Canadian
inhabitants, and other settlers of the Kaskaskies, Saint
Vincents,' and the neighboring villages, who have here
tofore professed themselves citizens of Virginia, their
laws and customs in force among them, relative to the
descent and conveyance of property.
The gov- "Be it ordained by the authority aforesaid, That there
quaiuica- shall be appointed, from time to time, by Congress, a
tions and governor, whose commission shall continue in force for
term of , , , n ,
office. the term of three years, unless sooner revoked by Con
gress. He shall reside in the district, and have a free
hold estate therein in one thousand' acres of land,
while in the exercise of his office.
The secre- « There shall be appointed, from time to time, by Con-
tary ; his J , ' . . ,,,'..
duty and gress, a secretary, whose commission shall contmue in
quahfica- force for four years, unless sooner revoked : He shall
reside in the district, and have a freehold estate therein
in five hundred acres of land, while in the exercise of
his office : It shall be his duty to keep and preserve the
acts and laws passed by the legislature, and the public
records of the district, and the proceedings of the gov
ernor in his executive department ; and transmit authen
tic copies of such acts and proceedings, every six months,
The judi- to the Secretary of Congress : Tliere shall also be ap-
ciary* pointed a Court to consist of three judges, any two of

THE UNITED STATES OF AMERICA. 929
under the coneederation. Part IV.
whom to form a court, who shall have a common law Compact
jurisdiction, and reside in the district, and have each g°0rTern_
therein a freehold estate in five hundred acres of land, ment ofthe
while in the exercise of their offices ; and their commis- domain of
sions shall continue in force during good behavior. ^7%^' S'
" The governor and judges, or a majority of them,
shall adopt and publish in the district, such laws, crim- cranial
inal and civil, as may be necessary, and best suited to c°Qe of
the circumstances of the district, and report them to
Congress, from time to time, which laws shall be in
force in the district until the organization of the gen
eral assembly therein, unless disapproved of- by Con
gress; but afterwards the. legislature shall have au
thority to alter them as they shall think fit.
"The governor for the time being, shall be com- Military
mander-in-chief of the militia, appoint and commission a Jg™T?
all officers in the same, below the rank of general offi- ernor-
cers ; all' general officers shall be appointed and com
missioned by Congress.
, "Previous to the organization of the general assembly Appoint-
the governor shall appoint such magistrates and other ™e^^_f
civil officers, in each county and township, as he shall magis-
find necessary for the preservation of the peace and
good order in the same : After the general assembly
shall be organized, the powers and duties of magistrates
and other civil officers, shall be regulated and defined
by the said assembly ; but all magistrates and other
civil officers, not herein otherwise directed, shall, dur
ing the continuance of this temporary government, be
appointed by the governor.
"For the prevention of crimes and injuries, the laws to Laws of
be adopted, or made, shall have force in all parts of the eral Issem-
district ; and for the execution of process, criminal and bly.
civil, the governor shall make proper divisions thereof;
and he shall proceed, from time to time, as circumstan
ces may require, to lay out the parts of the district in
which the Indian titles shall have been extinguished, coimt;es
into counties and 'townships, subject, however, to such and towns.
59

930

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

Compactfor the
government ofthe
territorial domain of
the U. S.
1787.
Representatives.

Qualifications of.

Qualifica
tions of
electors.

Termofrepresentatives, va
cancy, how
filled.

The terri
torial as
sembly,
how con
stituted.

alterations as may thereafter be made by the legisla
ture. "So soon as there shall be five thousand free male in
habitants, of full age, in the district, upon giving proof
thereof to the governor, they shall receive authority,
with time and place, to elect representatives from their
counties or townships, to represent them in the general
assembly; provided,th&t for every five hundred free male
inhabitants, there shall be one representative, and so on
progressively with the number of free male inhabitants
shall the right of representation increase, until the
number of representatives shall amount to twenty-
five ; after which the number and proportion of repre
sentatives shall be regulated by the legislature : Pro
vided, that no person be eligible or qualified to act as a
representative, unless he shall have been a citizen of
one of the United States three years, and be a resident
in the district, or unless he shall have resided in the
district three years ; and in either case, shall hkewise
hold in his own right, in fee simple, two hundred acres
of land within the same : Provided also, that a freehold
in fifty acres of land in the district, having been a citi
zen of one of the states and being resident in the dis
trict, or the like freehold and two years residence in
the district, shall be necessary to qualify a man as an
elector of a representative.
" The representatives thus elected, shall serve for the
term of two years, and in case of the death of a rep
resentative, or removal from office, the governor shall
issue a writ to the county or township for which he was
a member, to elect another in his stead, to serve for the
residue of the term.
" Tlie General Assembly, or Legislature, shall consist
of the governor, legislative council, and a liouse of rep
resentatives. The Legislative Council shall consist of
five members, to continue in office five years, unless
sooner removed by Congress ; any three of whom to be
a quorum : and the members of the council to be nom-

THE UNITED STATES OF AMERICA. 931
UNDER THE CONFEDERATION. PART IV.
 .  1 
inated and appointed in the following manner, to wit : Compact
As soon as the representatives shall be elected, the gov- e°nmentof"
ernor shall appoint a time and place for them to meet the territo-
together, and, when met, they shall nominate ten per- 0f the U.S.
sons, residents in the districtj^nd each possessed of a 1W?-
freehold in five hundred acres of land, and return their __f^tiye
names to congress ; five of whom congress shall appoint how ap-
and commission to serve as aforesaid : And whenever a pom e
vacancy shall happen in the council, by death or removal Vacancies
from office, the house of representatives shall nominate _j}ed°w
two persons qualified as aforesaid, for each vacancy,
and return their names to congress ; one of whom con
gress shall appoint and commission for the residue of
the term. And every five years, four months at least How often
before the expiration of the time of service of the mem
bers of the council, the said house shall nominate ten
persons qualified as aforesaid, and return their names
to congress, five of whom congress shall appoint and
.commission to serve as members of the council five
years, unless sooner removed. And the governor, leg- Legislative
islative council, and house of representatives shall have R°wf rs °{
authority to make laws, in all cases, for the good gov- torial as-
ernment of the district, not repugnant to the principles sembly-
and articles in this Ordinance established and declared.
And all bills having passed by a majority in the house,
and by a majority in the council, shall be referred to
the governor for his assent ; but no bill or legislative Powers of
act whatever shall be of any force without his assent. ehe[£°Y'
The governor shall have power to convene, prorogue,
and dissolve, the general assembly, when, in his opinion,
it shall be expedient.
" The governor, judges, legislative council, secretary, Oath of
and such other officers as congress shall appoint in the office"
district, shall take an oath or affirmation of fidelity, and
of office; the governor before the president of con
gress, and all other officers before the governor. As Delegate
soon as a legislature shall be formed in the district, the t0 con_
- . . gress, how
council and house, assembled in one room, shall have elected.

932 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Compact authority, by joint ballot, to elect a delegate to con-
ernme!t°of gress, who shall have a seat in congress, with a right
the territo- of debating, but not of voting during this temporary
rial domain J
of the U. S. government.
1787. « ^ND j-or extending the fundamental principles of civil
and religious liberty which form the basis whereon these
Articles of Republics, their laws and constitutions, are erected ;
compact. ^0 fix and establish those principles as the basis of all
laws, constitutions, and governments, which forever
hereafter shall be formed in the said territory ; to pro-
Preamble, vide also for the establishment of states, and permanent
governments therein, and for their admission to a share
in the federal councils on an equal footing with the
original states, at as early periods as may be consistent
with the general interest :
"It is hereby ordained and declared, by the authority
aforesaid, that the following articles shall be considered
as articles of compact between the original states, and
the people and states in the said territory, and forever ¦
remain unalterable, unless by common consent, to wit :
Religious " Article the First. No person, demeaning himself
freedom. jn a peaceaDle and orderly manner, shall ever be mo
lested on account of his mode of worship, or religious
sentiments, in the said territory.
Civil liber- " Article the Second. The inhabitants of the said
ties and territory shall always be entitled to the benefits of the
0g tS- writ of Habeas Corpus, and of the trial by jury; of a
proportionate representation of the people in the legis
lature; and of judicial proceedings according to the
course of the Common Law. All persons shall be bail
able, unless for capital offences, where the proof shall
be evident, or the presumption great : All fines shall
be moderate ; and no cruel or unusual punishments be
Personal inflicted. No man shall be deprived of his liberty or
rights and property, but by the judgment of his peers, or the law
of the land ; and should the public exigencies make it
necessary, for the common preservation, to take any
person's property, or to demand his particular services,

THE UNITED STATES OF AMERICA. 933
UNDER THE CONFEDERATION. PART IV.
full compensation shall be made for the same. And in Compact
tlie just preservation of rights and property, it is un_ ernmentof
derstood and declared, that no law ought ever to be the territo-
made, or have force in the said territory, that shall in of the UJ3,
any manner whatever interfere with, or affect, private llJ8>1-
contracts or engagements, bona fide and without fraud
previously formed."
"Article the Third. Religion, morality, and knowl- Encour-
edge, being necessary to good government and the hap-^™^0
piness of mankind, schools and the means of education
shall ever be encouraged. The utmost good faith shall
always be observed towards the Indians ; their lands Protection
and property shall never be taKen from them without J°_^Jj8
their consent ; and in their property, rights, and lib
erty, they never shall be invaded or disturbed, unless
in just and lawful wars authorized by congress : But
laws founded in justice and humanity shall from time
to time be made, for preventing wrongs being done to
them, and for preserving peace and friendship with
them. "Article the Fourth. The said territory, and the
states which may be formed therein, shall forever re
main a part of this Confederacy of the United States
of America, subject to the Articles of Confederation,
and to such alterations therein as shall be constitution
ally made : And to all the acts and ordinances of the
United States in Congress assembled, conformable
thereto. The inhabitants and settlers in the said ter-inhabit-
ritory shall be subject to pay a part of the federal *nts sub"
debts, contracted or to be contracted, and a propor- Tpropor*7
tional part of the expenses of government, to be appor-fe°d°rj *he
tioned on them by Congress, according to the sameDurdens-
common rule and measure, by which apportionments
thereof shall be made on the other states : And the -
taxes for paying their proportion shall be laid and lev-Levy of
ied by the authority and direction of the legislatures taxes
of the district, or districts, or new states, as in the orig-* 6re °r"
inal states, within the time agreed upon by the United

934 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Compact States in Congress assembled. The legislatures of
emmentof those districts, or new states, shall never interfere with
the territo- the primary disposal of the soil by the United States
of the U.S. m Congress, assembled, nor with any regulations Con-
1787. gress may find necessary for securing the title in such
Taxes on soil to the bona fide purchasers. No tax shall be im-
fands"1 Pose,i on lands the property of the United States ; and
in no case shall non-resident proprietors be taxed
higher than residents. The navigable waters leading
River nav- into the Mississippi and St. Lawrence, and the carrying
tofta__n ree places between the same, shall be common highways
and forever free, as well to the inhabitants of the said
territory, as to the citizens of the United States, and
those of any other states that may be admitted into the
Confederacy, without any impost, tax, or duty, there
for.
States to " Article the Fifth. There shall be formed in the
butfofthd sa^ territory, not less than three, nor more than five
territory, states ; and the boundaries of the states, as soon as
Virginia shall alter her act of cession, and consent to
the same, shall become fixed and established as follows,
Precincts to wit : The "Western State in the said territory shall
Western be bounded by the Mississippi, the Ohio, and the Wa-
State. bash rivers ; a direct line drawn from the Wabash and
Port Vincents, due north to the territorial line between
the United States and Canada; and by the said terri
torial line to the Lake of the Woods and the Missis
sippi.
Precincts "The Middle State shall be bounded by the said
Middle direct line' the Wabash from Port V"10611*8 t0 the
State. Ohio ; by the Ohio, by a direct line drawn due north
from the mouth of the Great Miami, to the said terri
torial line, and by the said territorial line.
Precinctr " The Eastern State shall be bounded by the last
Eastern mentioned direct line, the Ohio, Pennsylvania, and the
State. said territorial line ; provided, however, and it is further
Subject to understood and declared, that the boundaries of these
congress, three states shall be subject so far to be altered, that if

THE UNITED STATES OF AMERICA. 935
UNDER THE CONFEDERATION. PART IV.
Congress shall hereafter find it expedient, they shall Compact
have authority to form one or two states in that part emmentof
of the said territory which lies north of an east and th1 territo-
rial domain
west line drawn through the southerly bend or extreme of the U.S.
of Lake Michigan. And whenever any of the said 1>18'1-
states shall have sixty thousand free inhabitants there- Admission
in, such state shall be admitted, by its delegates, into °f7the.SiJld
' , ' J ° ' states into
the Congress of the United States, on an equal footing the Union.
with the original states, in all respects whatever, and
shall be at liberty to form a permanent constitution
and state government : Provided the constitution and
government so to be formed shall be republican, and
iri conformity to the principles contained in these arti
cles : And so far as it can be consistent with the general
interest of the Confederacy, such- admission shall be
allowed at an earlier period, and "when there may be a
less number of free inhabitants in the state than sixty
thousand. " Article the Sixth. There shall be neither slavery slavery.
nor involuntary servitude in the said territory, other
wise than in the punishment of crimes, whereof the
party shall have been duly convicted : Provided always
that any person escaping into the same, from whom
labour or service is lawfully claimed in any one of the
original states, such fugitive may be lawfully reclaimed,
and conveyed to the person claiming his, or her, la
bour, or service, as aforesaid.
' "Be it ordained by the authority aforesaid, that the Repealing
resolutions of the 23d of April, 1784, relative to the clause.
subject of this Ordinance, be, and the same hereby are,
repealed and declared null and void.
" Done by the United States in Congress assembled,
the thirteenth day of July, in the year of our Lord
1787, and of their sovereignty and independence, the
12th. " Charles Thomson, Sec'y."

936 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Fed
eral con- The Federal Convention
ventionteFhit -^et at Philadelphia on the fourteenth day of May,
May, iith, A. D. 1787, being in the eleventh year after the declara-
' tion of their independence, by the thirteen colonies of
North America, and the fourth year after the recogni
tion of their independence, as United States, under the
definitive treaty of peace with the parent state : Several
deputies assembled at the State House during the day,
and continued to meet by adjournment from day to day,
until a majority of the states were represented by the
appearance of their delegates.
Organiza- On Friday, the twenty-fifth day of May, nine of the
conven-* 6 states being represented, it was moved by the honor-
tion- able Robert Morris, one of the deputies from the state
of Pennsylvania, that a president be elected by ballot,
which motion was adopted by the convention ; where
upon Mr. Morris, on the part of Pennsylvania, nomin
ated General George Washington, who was present as
a delegate from the state of Virginia. The convention
then proceeded to ballot, and the ballot being counted,
George Washington was announced as the person unan
imously chosen to preside over the convention.
Washing- General Washington was conducted to the chair
president^by the Hon. Robert Morris and John Rutledge, Esqs.,
when he proposed to the convention that they should
proceed to elect a secretary ; and the ballot being taken,
William Jackson, Esq., was declared elected : The cre
dentials of the members were then produced, and on
motion of Mr. C. Pinckney of South Carolina, it was
" Ordered, that a committee be appointed to draw up
rules to be observed as the standing orders of the Con
vention, and to report the same to the house."
Commitr Mr. Wythe of Virginia, Mr. Hamilton of New-York,
.ulesV and Mr. C. Pinckney of South Carolina, were appointed
pointed. guon committee ; and the convention adjourned till
Monday, May 28th, at 10 A. M.
Monday, May 2%th, 1787. The Convention met pur-

THE UNITED STATES OF AMERICA. 937
UNDER THE CONFEDERATION. PART IV.
suant to adjournment, when further deputations ap- The Feder-
peared from Massachusetts, Connecticut, Delaware and t;0n atV6n"
Maryland, and their credentials were received and ex- Phiiadei-
, ti n 1 "i AT *i v
amined : Mr. Wythe, from the committee appointed for uth, 1787.
that purpose, reported the rules prepared to be ob-E eport 0_
served by the convention in their proceedings, which the com-
were read, debated, and finally agreed to as follows, viz. :
Rules to be observed as the Standing Orders of the Con-

I. A house to do business, shall consist of the depu- Business
ties of not less than seven states; and all questions'11101 ""
shall be decided by the greater number of these which
shall be fully represented. But a less number than
seven may adjourn from day to day.
II. Immediately after the president shall have taken Routine of
the chair, and the members their seats, the minutes of busmees-
the preceding day shall be read by the secretary.
IH. Every member, rising to speak, shall address the
president ; and, whilst he shall be speaking, none shall Debates.
pass between them ; or hold discourse with another ;
or read a book, pamphlet or paper, printed or manu
script; and of two members rising at the same time, the
president shall name him who shall be first heard.
IV. A member shall not speak oftener than twice, Restric-
without special leave, upon the same question ; and tims, .upon
, ,, -i .. i ,. speaking.
not the second time, before every other, who had been
silent, shall have been heard, if he choose to speak
upon the subject.
V. A motion made and seconded, shall be repeated ; Motions.
and, if written, as it shall be when any member shall
so require, read aloud, by the secretary, before it shall
be debated ; and may be withdrawn at any time before
the vote upon it shall have been declared.
VI. Orders of the day shall be read next after the Orders of
minutes ; and either discussed or postponed, before any the da,y-
other business shall be introduced.
VII. When a debate shall arise upon a question, questions.

938 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Feder- no motion other than to amend the question, to commit
tionatTen "**> or postpone the debate, shall be received.
Phiiadei- VIII. A question which is complicated, shall, at the
14th 17*87. request of any member, be divided, and put separately
upon the propositions of which it is compounded.
Rules of IX. The determination of a question, although fully
tentiom debated, shall be postponed, if the deputies of any state
desire it, until the next day.
Matter in X. A writing, which contains any matter brought on
writing. to ]_e considered, shall be read once throughout, for in-
formation ; then by paragraphs, to be debated ; and
again, with the amendments, if any, made on the
second reading, and afterwards the question shall be
put upon the whole, amended, or approved in its orig
inal form, as the case shall be.
Commit- XL That committees shall be appointed by ballot ;
tees- and that the members who have the greatest number
of ballots, although not a majority of the votes present,
be the committee. When two or more members have
an equal number of votes, the member standing first on
the list in the order pf taking down the ballots shall be
preferred.
Questions XII. A member may be called to order by any other
of order. memi_er> as well as by the president; and may be
allowed to explain his conduct, or expressions, sup
posed to be reprehensible ; and all questions of order
shall be decided by the president, without appeal or
debate.
Of adjourn- XIII. Upon a question to adjourn, for the day, which
ment. may fa maae at any time, if it be seconded, the ques
tion shall be put without debate.
Respect to XIV. When the house shall adjourn, every member
the presi- gnaU gtand in his place until the president pass him.
Additional1 Tuesday, May 29th. The following additional rules
rules. were adopted, to be added to the foregoing, as the
standard rules ofthe house.
Absenceof XV. That no member be absent from the house, so.
members. ag to interrupt the representation of the state, without
leave.

THE UNITED STATES OF AMERICA.

UNDER THE CONFEDERATION. PART IV.
XVI. That committees do not sit whilst the house The Fed-
shall be, or ought to be, sitting. ™tto_£t
XVII. That no copy be taken of any entry on the Philadel-
journal during, the sitting of the house, without the ___£' 17.7.
leave of the house. That members only be permitted
to inspect the journal.
XVHI. That nothing spoken in the house be printed, Publicity
or otherwise published, or communicated, without leave. ceedings.
XIX. That a motion to reconsider a matter which
had been determined by a majority, may be made, with Motions to
leave unanimously given, on the same day in which the reconsider.
vote passed ; but otherwise, not without one day's pre
vious notice ; in which last case, if the house agree to
the reconsideration, some future day shall be assigned
for that purpose.

The adoption of these rules completed the organi
zation of the Convention, and the house proceeded at
once to action on the matter for which it was assem- Mr- Ran-
. dolph s
bled. Resolutions for the correction and amendment Resolu-
of the Confederation were submitted by Mr. Edmundf^sc°^_
Randolph of Virginia, embodying the plan of a repub- federation.
lican national government. Whereupon it was
" Resolved, That the house will to-morrow resolve
itself into a committee of the whole house to consider
of the state of the American Union : And
" Ordered, That the propositions this day laid before
the house, for their consideration, by Mr. Randolph, be
referred to said committee."
Mr. Charles Pinckney, one of the deputies from Mr. Pinck-
South Carolina, then laid before the hquse, for their ™f* f^
consideration, " The draft of a plan for a federal gov- eral gov
ernment, to be agreed upon between the free and inde-ernmen "
pendent states of" America ; " which was read and re
ferred to the same committee, when the convention
adjourned " till to-morrow morning at 10 o'clock."
Wednesday, May 30, 1787. The Convention met
pursuant to adjournment, and, the order of the day

940 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Fed- being read, resolved itself into a committee of the
ventionat wn°le house to consider of the state of the American
Phiiadei- Union ; when the respective propositions above referred
i_th 1787. to became the subject of discussion.

The meeting of the Federal Convention was the cul
mination of a perilous era in our pohtical annals, and
foreshadowed the last grand epoch in the governmental
history of the United States of America. The peculiar
condition of the nation had impressed upon the minds
of all serious and reflecting men in the land, the neces
sity of more efficient powers in the general government
in order to perfect and perpetuate the national union.
Import- The alternative presented was neither an ordinary or
crisis° * 6 an indifferent one. It was a choice between political
existence and political death. It was, whether the
nation should be dismembered by a dissolution of the
union in anarchy and confusion, its national character
lost ; or whether it should survive as one sovereign,
independent, free power on earth. It was necessary
not only to the preservation of the people of America
from the indignant resentment of the foe they had just
vanquished and compelled to concede their independ
ence ; but it was also necessary to preserve the states,
in their separate political associations, from the strifes,
animosities, jealousies, and rivalries, which might spring
up between them, that the national union should be
continued. Where or how could they promise them
selves safety or continuance as independent, separated,
perchance hostile, sovereignties? The independence
of America had been acknowledged by foreign powers
in her united national capacity, and under a pledge on
the part of the people and the states, to each other, to
foreign nations, and to mankind, that that capacity was
a thing of perpetual duration. Who' could say, if they
abandoned or lost that character, that tlieir independ
ence would be any longer recognized or respected?
Or that the parent state would not again seek to extend

THE UNITED STATES OF AMERICA. 941
UNDER THE CONFEDERATION. PART IV.
her sovereignty over them ? Or that their own great The Fed-
Ally, whose armies and whose loans had aided the T™ ^"^
achievement of their independence, might not, as aPMkdji-
resentful creditor, bring them into a subjection more _«_', m7.
servile and abject than their former dependence upon
the crown of Great Britain ? What assurance was
there, that one might not fall under the domination of
an adjoining province, the larger and more powerful
crush the smaller and the feeble, and thus the elements
of strife, dissension, and bloodshed, be perpetuated in
the land?
These were momentous considerations. They in-imPort-
volved not only the peace and prosperity of the states, ^?,of tlie
but the more vital interests, the freedom and happiness,
of the whole American people. The question was full
of awful and thrilling import : Should they reap for
themselves, and transmit to their posterity, the invalu
able benefits of a revolution, the achievement of which
had filled the whole civilized world with amazement ;
or should they lose them all by an unnatural and inglo
rious alienation, hostihty, and discord, among them
selves ?
The Convention sat with dosed doors, and its whole
proceedings were done in secret. The injunction of
secrecy, as we may gather from the rules, was sacred
and strong ; so strong, writes Luther Martin, a dele
gate from the state of Maryland, "that the members
were thereby prevented from corresponding with gen
tlemen in the different states upon the subjects under
discussion. So extremely solicitous were they that
their proceedings should not transpire, that the mem
bers were prohibited even from taking copies of reso
lutions on which the convention were deliberating, or*Y
extracts of any kind from the journals, without form- and Lan-
ally moving for, and obtaining permission by, a vote of nmt|s8,
the Convention for that purpose."*
- Hence it occurs that we have very scanty materials
for judging of its deliberations. Enough is developed,

942 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Fed- however, to assure us that the members of the conven-
ventionat **on ^* *^e ^u^ f°rce 0l> their position and their re-
Phiiadel- sponsibility. That they were strongly impressed with
phia, May ,; . . , . . « . „
14th, 1787. the necessity and importance of a union of purpose,
of interest, and of affection, between the people and
the states of America. Yet they had to contend with
no ordinary obstacles in the way of securing so desira
ble a result. Theirs was indeed no ordinary under
taking. The political annals of mankind contained no
record of a similar experience. Right before them
they beheld a great and growing people, suddenly
Complioi- thrown into a position of independence, of pride, and
conven-th6of power, among the nations of the earth. In the
tion. v_sta 0f the future they saw a still greater and more
extended nation, subdivided into still increasing and
powerful pohtical associations, each in turn coming for
ward to derive its position and relations in the Confed
eracy from the combined elements of political sover
eignty and independence centered in the great national
body. For these they were to provide, for these they
were to legislate. For these they were called upon to
frame the fabric of a supreme national government ; one
which might remove the perils and embarrassments of the
present, while it provided for the wants and the changes
of the future. In the allotment and distribution of its
powers, they must calculate with a nice exactness their
practical import and operation. They must foresee
the occasion and the necessity for limitations and re
strictions. They must be careful not to give too much,
they must be alike cautious lest they confer too little.
The principal subject which, more than any other,
Sovereign- embarrassed the action of the convention, was that to
ty in the winch I have frequently referred as the great defective
element in the compact of the Confederation ; the sov
ereignty of the states. I have elsewhere already re-
See ante marked, that the states, as such, were never in any
pp. 536,' sense sovereign, although in a certain sense they may
111, ess! have been independent of each other, aside from that

THE UNITED STATES OF AMERICA.

943

UNDER THE CONFEDERATION. PART IV.
compact. In other words, whatever of sovereignty they The Fed-
now enjoyed, was necessarily derived to them under the vention at
articles of confederation. Hence, soon after their ratifi- PMadei-
phia, May
cation, there arose two parties m America. The one uth, 1787.
regarded the Confederation as an alliance between the
states as independent republics ; the other, as a league
of union between the people of America. • The one
called it a federal alliance, the other a national com
pact. The one party were called federalists, the otlier
republicans. But, in their political, controversies, nei
ther seemed to refer to the Confederation as a compact
whose chief aim was, to perpetuate a union formed
before the existence of any distinct state organizations.
Neither seemed to take note of the fact, that there was
no formal adoption of a state constitution by any one
of the states, until after the proposition for a compact
of perpetual union, contained in the Confederation.
Mr. Madison, indeed, contended in the present con
vention, and rightfully too, "that the states never pos-Mr. Madi-
sessed the essential rights of sovereignty ; that these ^^j0T„
were always vested in Congress ; that their voting as ereignty.
states in Congress was no evidence of their sovereignty,
any more than in the state of Maryland, voting by coun
ties made the counties sovereign." He also claimed,
"that the states ought to be placed under the control
of the general government, at least as much so as they
formerly were under the king of Great Britain and par
liament." Yet Mr. Madison seemed to forget, or over
look the fact, that the compact of the confederation had
itself conferred upon the states a sovereignty not other
wise belonging to them. And this was the very sover
eignty which the states seemed unwilling to relinquish.
It was competent, however, to a convention as fully
empowered "to revise, alter and amend " that compact,
as the original conventions were to ratify it, to revoke
this grant of sovereignty to the states, so far forth as
necessary, and restore it, at least with their assent, to
the general government.

944 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Fed- Mr. James Wilson of Pennsylvania, said, " a citizen
ventionat °^ America ought to consider in what character he acts
Phiiadei- hi forming a general government. I am both a citizen
14th, llll. of Pennsylvania and of the United States. I must
therefore lay aside my state connections and act for the
State sov- general good of the whole. We must forget our local
and the habits and attachments. The general government
Sovern_ should not depend on the state governments. This
ment. ought to be a leading distinction between the one and
the other. Nor ought the general government to be
„ wa composed of an assemblage of different states. When
son. we are laying the foundation of a building which is to
last for ages, and in which millions are interested, it
ought to be well laid. If the national government does
not act on state prejudices, state distinctions will be
lost. The people expect relief from their present em
barrassed situation, and look up for it to this national
convention ; and it follows that they expect a national
government. But, if no state will part with any/if its
sovereignty, it is in vain to talk of a national govern
ment."
Mr. C. Mr. Charles Pinckney, of South Carolina, said, " Our
Pinckney. g0Yernment must be made suitable to the people, and
we are perhaps the only people in the world who ever
had sense enough to appoint delegates to establish a
general government. But a general government must
not be made dependent on the states."
Alexander Mr- Alexander Hamilton of New York, said, " I have
HamUton. well considered the subject, and am convinced that no
amendment of the Confederation can answer the pur
pose of a good government, so long as state sovereign
ties do, in any shape, exist. I can say for the state I
have the honor to represent, that when our credentials
-were under consideration in the senate, some members
were for inserting a restriction in the powers, to pre
vent encroachment on the constitution. It was an-
con swered ty others, and therefore the resolve carried on
vention?n" the credentials, that it* might abridge some ofthe con-

THE UNITED STATES OF AMERICA. 945
UNDER THE CONFEDERATION. PART. IV-
stitutional powers of the state, and that possibly in the The Fed-
formation of a new union it would be found necessary, yention^t
This appears reasonable, and leaves us at liberty to PhUadel-
, ,. ¦¦ j, • i i , phia, May
form such a national government as we think best i_th, 1757.
adapted for the good of the whole. We must estab
lish a general and national government, completely sov
ereign, and annihilate the state distinctions and state
operations; and unless we do this, no good purpose
can be answered."
Mr. Madison, of Virginia, said, " I apprehend the Mr. Madi-
greatest danger is from the encroachment of the states son-
on the national government. This apprehension is
justly founded on the experience of ancient Confed
eracies, and our own is a proof of it. If it were the
case that the national government usurped the state
government, if such usurpation was for the good of the
whole, no mischief could arise. To draw the line be
tween the two is a difficult task. I believe it cannot
be done, and therefore I am inclined for a general gov
ernment. If we cannot form a general government,
and the states become totally independent of each other,
it would afford a melancholy prospect."
Rufus King, of Massachusetts, said, "none of "the Rufus
states are now sovereign or independent. Many of °s"
these essential rights are vested in congress. Congress
by the confederation, possess the rights of the United
States. This is a union of the men of those states.
None of the states, individually or collectively, but in
congress, have the rights of peace or war. The mag
istracy in congress possess the sovereignty. To certain
points we are now a united people ; consolidation is
already established."
It is evident from these sketches, meagre 'as they are-
that the great controversy in the Convention, originated
upon the prerogatives of sovereignty claimed by the ,
states under the compact of the confederation, in opposi
tion to the powers originally inherent in .congress and
necessary to the general government. Out of this ,
60

946 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Fed- question of state sovereignty there arose another,
ventionat equally intricate and embarrassing to the action of the
PhUadel- convention. That was, the equalization of the states.
14th, 1787. For it was contended, if the states are to retain the
sovereignty with which they claim to be invested under
the confederation, then let their territorial limits and
their constitutional jurisdictions be equalized.
Equaliza- « On the principle that each state in the union is
tion of the . _:
states. sovereign, said Judge Brearly, of New Jersey, " con
gress, in the articles of confederation, determined that
Judge each state in the public councils had one vote. If the
rear y- states still remain sovereign, to apportion the right of
suffrage in the national legislature, (as proposed,) to
the quotas of contribution, or to the number of inhab
itants, is founded on principles of injustice. If we must
have a national government what is the remedy ? Lay
the map of the confederation on the table, and extin
guish the present boundary lines of the respective state
jurisdictions, and make a new division so that each state
is equal; then a government on the present system will
be just."
Mr.Patter- Mr. Patterson, of New Jersey, said, " every sover
eign state, according to the confederation, must have
an equal vote, or there is an end to liberty. As long,
therefore, as state distinctions are held up, this rule
must invariably apply. And if a consolidated national
government must take place, then state distinctions
must cease, or the states must be equalized."
Mr. Wil- Mr. Wilson, of Pennsylvania, said, " If there was a
son- probability of equalizing the states, he would be for it."
Rufus Mr. Rufus King, of Massachusetts, "thought it
King" would be better first to establish the principle, whether
we will depart from federal grounds in forming a na
tional government."
Mr. Lan- Mr. Lansing, of New York, said, " if we devise a
Bing' system of government which will not meet the appro
bation of our constituents, we are dissolving the union.
The excellence of the British model of government has

THE UNITED STATES.OF AMERICA. 947
UNDER THE CONFEDERATION. PART IV.
been much insisted on, but we are endeavoring to com- The Fed-
plicate it with state governments, on principles which v__tio_n_t
will gradually destroy the one or the other." Phiiadei-
" Foreign states," Mr. Sherman, of Connecticut, sug- _4thi iisi.
gested, " have made treaties with us as confederated
states, not as a national government. Suppose we put Mr. Sher-
an end to that government under which those treaties man-
were made, will not those treaties be void ? "

It was evident — and the opinion of the Convention
was — that the compact of the confederation could not
be so amended as to render it a competent national Abolition
constitution. The necessity of its entire abolition federation
was conceded by all. This necessity gave rise tonecessary-
various suggestions, which, with the propositions sub
mitted, evoked the discussions from which I have
made the foregoing extracts. Partial confederacies,
composed of a less number of states ; a northern, and
a southern confederacy, were talked of. But neither
of these propositions was. seriously entertained, as each
involved a dissolution of the general union, which was
regarded on all sides as a calamity too fearful to con
template. The aspect of affairs, in the Convention as well as out
of it, at this time, is well set forth in a letter written
by Mr. Edmund Randolph, one of the members from
Virginia, to the speaker of the general assembly of that
state, in which he says, ".the Confederation was totter- Letter of
ing from its own weakness and the sitting of the Con-¥r: ?an"
... . a dolph
vention is a signal proof of its total insufficiency. In
my humble judgment, the powers by which alone the
blessings of a general government can be accomplished,
cannot be interwoven in the confederation without a
change in its very essence. Or, in other words, the
confederation must be thrown aside. But to whom shall
we commit these acts of authority, these additional
powers ? The new powers must be deposited in a new
body, growing out of a consolidation qf the union as far

948 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Fed- as the circumstances of the states will allow. Among
ventionat tne uPrignt and intelligent, few can read without emo-
PhUadel- tion the future fate of the states if severed from each
Hth 1787. other. Then shall we learn the full weight of foreign
intrigue. Then shall we hear of partitions of our
Abolition country. If a prince, influenced by the lust of con
federation" quest, should use one state as the instrument of en-
necessary, slaving others ; if every state is to be wearied by per
petual alarms, and compelled to maintain large mihtary
establishments ; if all questions are to be decided by an
appeal to arms, where a difference of opinion cannot
be removed by negotiation; in a word, if all the dire-
Letter of ful misfortunes which haunt the peace of rival nations
doi'pb Ran" are to triumph over the land; for -what have we con
tended ? Why have we exhausted our wealth ? Why
have we basely betrayed the heroic martyrs of the fed
eral cause ?
" Let it not be forgotten, that nations which can en
force their rights have large claims against the United
States, and that the creditor may insist on payment
from any of them. Wliich of them would probably be
the victim? The most productive, and the most. ex
posed. When vexed with reprisals or war, the southern
states will sue for allegiance on this continent, or be
yond the sea. If for the former, the necessity of an
union of the whole is decided ; if for the latter,
America will, I fear, react the scenes of confusion and
bloodshed exhibited among most of those nations which
have too late repented the folly of relying upon aux-
' iliaries."
Character There never was a more capable, upright, and august
vention0"' body of men» Drougnt together for political purposes, in
any age, or in any country, than those who composed
this Federal Convention. The people of each state in
the union had selected their ablest and most distin
guished statesmen as delegates to it, and at the head
of them all was General George Washington, in every
sense the presiding genius of the convention. Each

THE UNITED STATES OF AMERICA. 949

under the confederation. * Part IV.

member seemed conscious of an accountability which The Feder-
made him individually answerable for the combined tionat™
• action of the whole body. Every proposition that was p^lal^1"
submitted was devised with care; offered with diffidence, uth', 1787.
and urged with seriousness, solemnity, and candor.
Every point was well considered, and every argument
was uttered with gravity and sincerity ; every expres
sion even seemed measured, discriminative, and con
servative. There was no carping criticism, no captious
declamation, no malicious invective, no personal vitu
peration, no envious raillery. But, notwithstanding,
all their deliberations were at fault. The wisest were The Con-
bewildered, the most hopeful were dismayed ; each sat }^°n at
and looked at the other with an earnest anxiety almost
bordering on despair, depicted upon the countenance,
while discussion was ominously at rest. At this criti
cal conjuncture Dr. Franklin rose in his place. He Motion of
was known to speak with wisdom, and without preju- li^' f0jan "
dice. Immediately all eyes were turned towards him, daily
and none more imploringly than the president of the
convention. Dr. Franklin himself paused with emo
tion. Presently he broke the stillness which prevailed.
He commenced by reading a paper setting forth the
difficulties and importance of the matter before them.
" Neither ancient or modern history," he said, " can
give us light. As a sparrow does not fall without
Divine permission, can we suppose that governments can * See
be erected without His will ? We shall, I am afraid, Yate? an<*
be disgraced through little party views—/ move that we notes.
have prayers every morning."*
The motion sent a thrill through every frame, it
touched every heart, and was responded to by the
gleaming countenances, quickened pulsations, and
hopeful aye of every member present ; heavily, im
pressed with a deep sense of their responsibility, the
Convention adjourned ; thereafter daily recognizing its
necessity, and invoking the Divine illumination on their
deliberations.

950 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Feder- After many weeks, further consideration, the conven
tion at V6n" ti°n came to the conclusion that the existing compact
PhUadel- 0f the confederation must be entirely abandoned. Two
14th', 178?: plans for the establishment of a general government
were now before it for its consideration. One on the
federal basis proposed by New Jersey, the other on the
republican basis ; the plan proposed by Mr. E. Ran
dolph of Virginia. I should be glad to incorporate the
whole discussion into this work, but can only say in
brief, that the conclusion was, that it was necessary to
depart measurably from federal grounds in forming a
national government, and to a certain extent, to put
^th^cT awav state governments in order to remove all cause
federation of jealousies ; that the national union must be estab-
ed'o™11 Hshed on the basis of a republican government, with
supreme power over all ; that no state should have it
in its power to change its government into a monarchy ;
that a permanent, powerful, and effective mode of gen
eral administration was necessary, and ought to be es
tablished ; and that this, in the language of Mr. Ran
dolph, "was the only moment that it could be done."
Their re- On the seventeenth day of September, the draft of
congress, the present Constitution was adopted by the convention*
Sept. 17th, an(j reported to Congress, with resolutions and a letter
accompanying it, as follows :
The Constitution.
Preamble. We, THE PEOPLE of the United States, in order to form
a more perfect union, establish justice, ensure domestic
tranquillity, provide for the common defence, promote
the general welfare, and secure the blessings of liberty
to ourselves and our posterity, do ordain and estabhsh
this Constitution for the United States of America.
ARTICLE I.
Section I.
Legisla- 1. All legislative powers herein granted, shall be
tive pow- vesteoi m a Congress of the United States, which shall
consist of a Senate and House of Representatives.

THE UNITED STATES OF AMERICA. 951
UNDER THE CONFEDERATION. PART IV.
,- TT • The Con-
SECTION H. stitution
1. The House of Representatives shall be composed DyPthe Fed-
of members chosen every second year, by the people of eral .Con-
the several states ; and the electors in each state shall congress,
have the qualifications requisite for electors ofthe most jS^- 1>ltil>
numerous branch of the state legislature.
2. No person shall be a representative who shall not
have attained to the age of twenty-five years, and been
seven years a citizen of the United States, and who
shall not, when elected, be an inhabitant of that state
in which he shall be chosen.
3. Representatives and direct taxes shall be appor- The house
tioned among the several states which may be included sentatives
within this union, according to their respective num
bers, which shall be determined by adding to the whole '
number of free persons, including those bound to ser
vice for a term of years, and excluding Indians not
taxed, three-fifths of all other persons. The actual
enumeration shall be made within three years after the
first meeting of the Congress of the United States, and
within every subsequent term of ten years, in such
manner as they shall by law direct. The number of
representatives shall not exceed one for every thirty
thousand, but each state shall have at least one repre
sentative ; and until such enumeration shall be made,
the state of New-Hampshire shall be entitled to choose
three; Massachusetts eight; Rhode Island and Provi
dence Plantations one ; Connecticut five ; New- York
six; New-Jersey four; Pennsylvania eight; Delaware
one; Maryland six; Virginia ten; North Carolina five ;
South Carolina five; and Georgia three.
4. When vacancies happen in the representation vacancies,
from any state, the executive authority thereof shall h°w flUed,
issue writs of election to fill such vacancies.
5. The House of Representatives shall choose their
speaker and other officers, and shall have the sole
power of impeachment,

952 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Con-
stitution Section HI.
reported by the Fed- 1. The Senate of the United States shall be com-
ventionto Pose<x °f two senators from each state, chosen by the
congress, legislature thereof, for six years ; and each senator
1787. shall have one vote..
2. Immediately after they shall be assembled in con
sequence of the first election, they shall be divided, as
equally as may be, into three classes. The seats of the
senators of the first class shall be vacated at the expi
ration of the second year, of the second class at the
expiration of the fourth year, and of the third class at
the expiration of the sixth year, so that one-third may
Thesenate.be chosen every second year ; and if vacancies happen
by resignation or otherwise, during the recess of the
legislature of any state, the executive thereof may
make temporary appointments until the next meeting
of the legislature, which shall then fill such vacancies.
3. No person shall be a senator who shall not have
attained to the age of thirty years, and been nine years
a citizen of the United States, and who shall not, when
elected, be an inhabitant of that state for which he shall
be chosen.
4. Tlie Vice-president of the United States shall be
president of the Senate, but shall have no vote, unless
they be equally divided.
5. The Senate shall choose their other officers and
also a president pro tempore, in the absence of the Vice-
president, or when he shall exercise the office of Pres
ident of the United States.
6. The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they
shall be on oath or affirmation. When the President
ofthe United States is tried, the chief justice shall pre
side ; and no person shall be convicted without the con
currence of two-thirds of the members present.
7. Judgment in cases of impeachment shall not ex
tend further than to removal from office, and disquali-

THE UNITED STATES OF AMERICA.

UNDER THE CONFEDERATION. PART IY.
fication to hold and enjoy any office of honor, trust, or The Con-.
profit, under the United States ; but the party convicted ^_p^*
shall nevertheless be liable, and subject to indictment, by theFed-
tria., judgment, and punishment, according to law. vention to
congress, '
Section IV. . ^f^
1. The times, places, and manner of holding elections Election
for senators and representatives shall be prescribed in J__|^,£|lf
each state by the legislature thereof; but the Congress sentatives.
may, at any time, by law, make or alter such regula
tions, except as to the places of choosing senators.
2. The Congress shall assemble at least once in
every year, and such meeting shall be on the first Mon
day in December, unless they shall by law appoint a
different day. Section V.
1. Each house shall be the judge of the elections, Member-
returns, and qualifications of its own members ; and a reflations
majority of each shall constitute a quorum to do busi-in eaol»
ness ; but a smaller number may adjourn from day to
day, and may be authorized to compel the attendance
of absent members, in such manner and under such
penalties, as each house may provide.
2. Each house may determine the rules of its. pro
ceedings, punish its members for disorderly behavior,
and, with the concurrence of two-thirds, expel a mem
ber. 3. Each house shall keep a journal of its proceedings,
and from time to time publish the same, excepting
such parts as may in their judgment require secrecy ;
and the yeas and nays of" the members of either house
on any question, shall, at the desire of one-fifth of those
present, be entered on the journal.
4. Neither house, during the session of Congress,
shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that
in which the two houses shall be sitting.

954 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Con- Q ^.T
stitution Section VI.
reportedby the Fed- 1. The senators and representatives shall receive a
ventionto compensation for their services, to be ascertained by
congress, law, and paid out of the treasury of the United States.
1787.. 'They shall,xin all cases, except treason, felony, and
Compensa- breach of the peace, be privileged from arrest during
senators tne*r attendance at the session of their respective
and repre- houses, and in going to or returning from the same ;
BenaiTes- and for any speech or debate in either house, they
shall not be questioned in any other place.
Disability. . 2. No senator or representative shall, during the
time for which he was elected, be appointed to any
civil office under the authority of the United States,
which shall have been created, or the emoluments
whereof shall have been increased, during such time ;
and no person holding any office under the United
States, shall be a member of either house during his
continuance in office.
Section VH.
The legis- !• All bills for raising revenue shall originate in the
lative rou- House of Representatives ; but the Senate may pro
pose or concur with amendments, as on other bills.
2. Every bill which shall have passed the House of
Representatives and the Senate, shall, before it become
a law, be presented to the President of the United
States ; if he approve, he shall sign it ; but if not, he
shall return it, with his objections, to that liouse in
whicli it shall have originated, who shall enter the ob
jections at large on their journal, and proceed to re
consider it. If, after such, reconsideration, two-thirds
of that liouse shall agree to pass the bill, it shall be
sent, together with the objections, to the other house,
by which it shall' likewise be re-considered, and if ap
proved by two-thirds of that house, it shall become a
law. But in all cases, the votes of both houses shall
be determined by yeas and nays ; and the names of the

THE UNITED STATES OF AMERICA. 955
UNDER THE CONFEDERATION. PART IV.
persons voting for and against the bill, shall be entered The Con- '
on the journal of each house respectively. If any bill ££*_____,
shall not be returned by the President within ten days by the Fed-
(Sundays excepted) after, it shall have been presented vention to
to him, the same shall be a law in like manner as if he °ons ™% -
had signed it, unless the congress, by their adjourn- 1787. .
ment, prevent its return ; in which case it shall not be
a law. 3. Every order, resolution, or vote, to which the
concurrence of the Senate and House of Representa
tives may be necessary, (except on a question of ad
journment,) shall be presented to the President of the
United States ; and before the same shall take effect,
shall be approved by him, or, being disapproved by
him, shall be repassed by two-thirds of the Senate and
House of Representatives, according to the rules and
limitations prescribed in the case of a bill.
Section VIII.
The Congress shall have power :
1. To lay and collect taxes, duties, imposts, andGen«ral
excises ; to pay the debts, and provide for the common thTcon-0
defence and general welfare of the United States ; but sress-
all duties, imposts, and excises, shall be uniform
throughout the United States :
2. To borrow money on the credit of the United
States :
3. To regulate commerce with foreign nations, and
among the several states, and with the Indian tribes :
4. To establish an uniform rule of naturalization,
and uniform laws on the subject of bankruptcies,
throughout the United States :
5. To coin money, regulate the value thereof, and
of foreign coin, and fix the standard of weights and
measures: :
6. To provide for the punishment of counterfeiting
the securities and current coin of the United States :
7. To establish post-offices and post-roads :

956 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Con- 8. To promote the-^progress of science and useful
reported arts> ty securing, for limited times, to authors and
bythe Fed- inventors, the exclusive right to their respective "wn-
eral Con- ,. - ,.¦
vention to tmgs and discoveries :
congress, 9^ To constitute tribunals inferior to the supreme
1787. * court : To define and punish piracies and felonies com
mitted on the high seas, and offences against the law
of nations :
10. To declare war, grant letters of marque and re
prisal, and make rules concerning captures on land and
water :
11. To raise and support armies ; but no appropria
tion of money to that use shall be for a longer term
than two years :
12. To provide and maintain a navy :
13. To make rules for the government and regula
tion of the land and naval forces :
14. To provide for calling forth the militia to exe
cute the laws of the union, suppress insurrections, and
repel invasions :
15. To provide for organizing, arming, and disci
plining the militia, and for governing such part of them
as may be employed in the service of the United States,
reserving to the states respectively, the appointment
of the officers, and the authority of training the
militia, according to the discipline prescribed by con
gress :
16. To exercise exclusive legislation, in all cases
whatsoever, over such district (not exceeding ten miles
square) as may, by cession of particular states, and the
acceptance of congress, become the seat of govern
ment of the United States, and to exercise hke author
ity over all places purchased by the consent of the leg
islature of the state in which the same shall be, for
the erection of forts, magazines, arsenals, dock-yards,
and other needful buildings ; and,
17. To make all laws which shall be necessary and
proper for carrying into execution the foregoing powers.

THE UNITED STATES OF AMERICA. 957
UNDER THE CONFEDERATION. PART IV.
and all other powers vested by this Constitution in the The Con-
government of the United States, or in any department reported
or officer thereof. by the Fed-
eral Con
vention to
Section IX. g-f^
1'78'7 •
1. The migration or importation of such persons as
any of the states now existing shall think proper toimporta-
admit, shall not be prohibited by the congress prior to *' °^m
.the year one thousand eight hundred and eight; but a persons.
tax or duty may be imposed on such importation, not
exceeding ten dollars for each person.
2. The privilege of the writ of habeas corpus shall Habeas
not be suspended, unless when, in cases of rebeUion or Cor^^-
invasion, the public safety may require it.
3. No bill of attainder, or ex post facto law, shall be Attainder.
passed. 4. No capitation, or other direct tax, shall be laid, Taxes.
unless in proportion to the census or enumeration
herein before directed to be taken.
5. No tax or duty shall be laid on articles exported State priv-
.ifrom any state. No preference shall be given, by any llege8-
regulation of commerce or revenue, to the ports of one
state over those of another ; nor shall vessels bound to
or from one state be obliged to enter, clear, or pay
duties in another.
6. No money shall be drawn from the treasury, but Draft of
in consequence of appropriations made by law ; and a™°°e[he
Tegular statement and account of the receipts and ex- treasury.
penditures of all pubhc money shall be published from
time to time.
7. No title of nobility shall be granted by the United Titles of
States, and no person holding any office of profit or nobfflty'
trust under them, shall, without the consent of the
congress, accept of any present, emolument, office, or
title, of any kind whatever, from any king, prince, or
foreign state.

958 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The 9on" "Section X.
stitution
reported 1. No state shall enter into any treaty, alliance, or
eral Con- " confederation ; grant letters of marque and reprisal;
vention to co_n money ; emit bills of credit ; make any thing but
congress, ' ' ' J o
Sept. 17th, gold and silver coin a tender in payment of debts ;
1 pass any bill of attainder, ex post facto law, or law im
pairing the obligation of contracts ; or grant any title
of nobility.
State re- 2. No state shall, without the consent of the Con
strictions. gresSj iay any imposts or duties on imports or exports,
except what may be absolutely necessary for executing
its inspection laws ; and the nett produce of all duties
and imposts, laid by any state on imports or exports,
shall be for the use of the treasury of the United
States, and all such laws shall be subject to the revis
ion and control of the congress. No state shall, with
out the consent of congress, lay any duty of tonnage,
keep troops or ships of war in time of peace, enter into
any agreement or compact with another state, or with
a foreign power, or engage in war, unless actually in
vaded, or in such imminent danger as will not admit
of delay. AETICLE II.
Section I.
The execu- 1. The executive power shall be vested in a Presi-
tive power. dent of the United S_ates of America. He shall hold
his office during the term of four years, and, together
with the Vice-President, chosen for the same term, be
elected as follows :
President 2. Each state shall appoint, in such manner as the
President legislature thereof may direct, a number of electors
how cho- equal to the whole number of senators and represent
atives to which the state may be entitled in the Con
gress ; but no senator or representative, or person hold
ing an office of trust or profit under the United States,
shall be appointed an elector.

THE UNITED STATES OF AMERICA. 959
UNDER THE CONFEDERATION. PART IV.
3. The electors shall meet in their respective states, The Con-
and vote by ballot for two persons, of whom one at reported
least shall not be an inhabitant of the same state with by the Fed-
themselves. And they shall make a list of all the per-Tent;on to
sons voted for, and of the number of votes for each ; c,on?r^??',
' • Sept. 17th,
which list they shall sign and certify, and transmit, sealed, 17.7.
to the seat of the government of the United States,
directed to the president of the senate. The president
of the senate shall, in the presence of the senate and
house of representatives, open all the certificates, and
the votes shall theU be counted. The person having Election of
the greatest number of votes shall be the president, if ^Sy£g_
such number be a majority of the whole number' of President.
electors appointed ; and if there be more than one who
have such majority, and have an equal number of
votes, then the house of representatives shall immedi
ately choose by ballot one of them for president ; and
if no person have a majority, then, from the five high
est on the list, the said house shall in like manner
choose the president. But in choosing the President,
the votes shall be taken by states, the representation
from 'each state having one vote ; a quorum for this
purpose shall consist of a member or members from
two-thirds of the states, and a majority of all the states
shall be necessary to a choice. In every case, after the
choice of the president, the person having the greatest
number of votes of the electors shall be the vice-presi- * gee
dent. But if there should remain two or more who amend-
have equal votes, the senate shall choose from them by xiv.S'post!
ballot the vice-president.*
4. The Congress may determine the time of choosing j^
the electors, and the day on which they shall give their
votes, which day shall he the same throughout the
United States.
5. No person except a natural-born citizen of the
United States, at the time of the adoption of this Con
stitution, shall be eligible to the office of president ;
neither shall any person be eligible to that office who

960 THE GOVERNMENTAL HISTORY OF
Part TV. the permanent union
The Con- shall not have attained to the age of thirty-five years,
reported and keen fourteen years a resident within the United
by the Fed- States.,
vention to 6. In case of the removal of the President from office,
congress, or 0f nis death, resignation, or inabihty to discharge
1787. ' the powers and duties of the said office, the same shall
devolve on the vice-president, and the congress may
Removal by law provide for the case of removal, death, resigna-
of the tion, or inability, both of the president and vice-presi-
President. dent, declaring what officer shall then act as president,
and such officer shall act accordingly, until the disa
bility be removed, or a president shall be elected.
Compensa- 7. The President shall, at stated times, receive for
his services a compensation, which shall neither be in
creased nor diminished during the period for which he
shall have been elected, and shall not receive within
that period any other emolument from the United
States or any of them.
8. Before he enter on the execution of his office, he
shall take the following oath or affirmation :
Oath of 9. "I do solemnly swear, (or affirm,) that I will
office. faithfully execute the office of President of the United
States, and will, to the best of my ability, preserve,
protect, and defend the Constitution of the United
States." Section n.
Powers 1. The President shall be commander-in-chief ofthe
ofthe Pres- army and navy of the United States, and of the militia
ident. of the several states, when called into the actual serv
ice of the United States; he may require the opinion,
in writing, of the principal officer in each of the exec
utive departments, upon any subject relating to the
duties of their respective offices, and he shall have
power to grant reprieves and pardons for offences
against the United States, except in cases of impeach
ment. 2. He shall have power by and with the advice and

THE UNTIED STATES OF AMERICA. 961
UNDER THE CONFEDERATION. PART IV.
j  .  -^— —  ¦ ,
consent of the Senate, to make treaties, provided two- The Con-
thirds of the Senators present concur; and he shall reported
nominate, and by and with the advice and consent of bytheFed-
the Senate, shall appoint, ambassadors, other public ventiori to
ministers, and consuls, judges of the supreme court, and congres^
all other officers of the United States, whose appoint- 1787.
ments are not herein otherwise provided for, and which
shall be established by law ; but the Congress may, by
law, vest the appointment of such inferior officers as
they think proper, in tile president alone, in the courts
of law, or in the heads of departments.
3. The president shall have power to fill up all vacan
cies that may happen during the recess of the Senate,
by granting commissions, which shall expire at the end
of their next session. Section HI.
1. He shall, from time to time, give to the Congress
information of the state of the Union, and recommend
to their consideration such measures as he shall judge
necessary and expedient; he may, on extraordinary oc
casions, convene both houses, or either of them, and in
case of disagreement between them with respect to the
time of adjournment, he may adjourn them to such
time as he shall think proper ; he shall receive ambas
sadors and other public ministers ; he shall take care
that the laws be faithfully executed, and shall commis
sion all the officers of the United States.
Section IV.
1. The President, Vice-President, an all civil officers Remover
of the United States, shall be removed from office onfromoffice-
impeachment for, and conviction of, treason, bribery,
or other high crimes, and misdemeanors.
ARTICLE III.
Section I.
1. The Judicial power of the United States, shall be The judi.
vested in one Supreme Court, and in such inferior ciar7;
61

962

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

The Con- courts as the Congress may, from time to time, ordain
reported aim establish. The judges, both of the supreme and
bythe Fed- inferior courts, shall hold their offices during good be-
vention to haviour, and shall, at stated times, receive for tlieir
sTrmh servicesa a compensation, which shall not be diminished
1787. ' during their continuance in office.
Section II.
Jurisdic- 1. The judicial power shall extend to all cases, in law
judiciary, and equity, arising under this Constitution, the laws
of the United States, and treaties made, or which shall
be made, under their authority ; to all cases affecting
ambassadors, other public ministers and consuls ; to all
cases of admiralty and maritime jurisdiction ; to con
troversies to which the United States shall be a party ;
to controversies between two or more states, between a
state and citizens of another state, between citizens of
different states, between citizens of the same state claim
ing lands under grants of different states, and between
a state, or the citizens thereof, and foreign states, citi
zens, or subjects.
2. In all cases affecting ambassadors, other public
ministers and consuls, and those in which a state shall
be party, the Supreme Court shall have original juris
diction. In all the other cases before mentioned, the
Supreme Court shall have appellate jurisdiction, both
as to law and fact, with such exceptions, and under
such regulations as the Congress shall make.
3. The trial of all crimes, except in cases of impeach
ment, shall be by jury, and such trial shall be held in
the state where the said crimes shall have been com
mitted ; but when not committed within any state, the
trial shall be at such place or places as the Congress
may by law have directed. Section in.
Treason, 1. Treason against the United States shall consist
punish- only in levying war against them, or in adhering to
ment- their enemies, giving them aid and comfort. No per-

THE UNITED STATES OF AMERICA.

968

UNDER THE CONFEDERATION. PART IV.

son shall be convicted of treason unless on the testi- The Con-
mony of two witnesses to the same overt act, or on con- Sported
fession in open court. emfcon^
2. The Congress shall have power to declare the pun- vention to
ishment of treason ; but no attainder of treason shall g°D{fri*t_,
work corruption of* blood, or forfeiture, except during 1787.
the life of the person attainted.
ARTICLE IV.
Section I.
1. Full faith and credit shall be given in each state Inter-fed-
to the public acts, records, and judicial proceedings of tfoS__t_J_
every other state. And the congress may, by general comity.
laws, prescribe the manner in which such acts, records
and proceedings, shall be proved, and the effect
thereof. Section II.
1. The citizens of each state shall be entitled to all
privileges and immunities of citizens in the several
states. 2. A person charged in any state with treason, felony, Fugitives
or other crime, who shall flee from justice, and be found ?om Jus"
in another state, shall, on demand of the executive
authority of the state from which he fled, be delivered
up, to be removed to the state having jurisdiction of
the crime.
3. No person held to service or labor in one state, From ser-
under the laws thereof, escaping into another, shall, in^' 8ee
consequence of any law or regulation therein, be dis-P- 872.
charged from such service or labor ; but shall be. deliv
ered up on claim of the party to whom such service or
labor may be due. Section III.
1. New states may be admitted by the Congress into Newntates.
this union ; but no new state shall be formed or erected
within the jurisdiction of any other state, nor any state
be formed by the junction of two or more states, or

934 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
The Con- parts of states, without the consent of the legislatures
reported °^ the states concerned, as well as of the Congress.
by the Fed- 2. The Congress shall have power. to dispose of, and
vention to make all needful rules and regulations respecting,: the
8 Tmh territory or other property belonging to the United
1787. 'States; and nothing in this Constitution shall be so
'". . construed as to prejudice any claims of the United
provision. States, or of any particular state.
Section IV.
Guarantee 1. The United States shall guaranty to every state
states. iu this union a republican form of government, and
shall protect each of them against invasion ; and, on
application of the legislature, or of the executive (when
the legislature cannot be convened), against domestic
violence.
ARTICLE V.
Provision 1. The Congress, whenever two-thirds of both liouses
mentmen " snaH deem it necessary, shall propose amendments to
this Constitution ; or, on the application of the legisla
tures of two-thirds of the several states, shall call a con
vention for proposing amendments, which, in either
case, shall be valid to all intents'and purposes, as part
of this Constitution, when ratified by the legislatures
of three-fourths of the several states, or by conventions
in three-fourths thereof, as the one or the other mode
of ratification may be proposed by the Congress ; pro
vided, that no amendment which may be made prior to
the year one thousand eight hundred and eight, shall
in any manner affect the first and fourth clauses in the
ninth section of the first article ; and that no state,
without its consent, shall be deprived of its equal
suffrage in the Senate. ARTICLE VI.
Public 1. All debts contracted and engagements entered
toeU.&A."1*0' before the adoption of this Constitution, shall be

THE UNITED STATES OF AMERICA. 965
*  ____^-^_____^^-^^^—
UNDER THE CONFEDERATION. PART IV.
as valid against the United States under this Constitu- The Con-
tion, as under the Confederation. reported
2. This Constitution, and the laws of the United by the Fed-
„ ' eral Con-
States which shall be made in pursuance thereof; and vention to
all treaties made, or which shall be made, under the|°nsr^
authority of the United States, shall be the Supreme 1787.
Law of the land ; and the judges in every state shall
be bound thereby ; any thing in the Constitution or 0f the'con^
laws of any state to the contrary notwithstanding. stitution.
3. The senators and representatives before men-oathof
tioned, and the members of the several state legisla- allegiance
tures, and all executive and judicial officers, both of
the United States and of the several states, shall be
bound by oath or affirmation, to support this Constitu
tion ; but no religious test shall ever be required as a u0 relig-
qualification to any office or public trust under the 10us te"-
United States. * ARTICLE VIL
1. The ratification' of the conventions of nine states, Ratifica-
shall be sufficient for the establishment of this Consti
tution between the states so ratifying the same.
Done in Convention, by the unanimous consent of the
states present, the seventeenth day of September, in
the year of our Lord one thousand seven hundred
and eighty-seven, and of the Independence of the
United States of America, the twelfth. In witness
whereof, we have hereunto" subscribed our names.
GEORGE WASHINGTON,
President, and deputy from Virginia.
NEW HAMPSHIRE. „Names
John Langdon, Nicholas Gilman. £.« who
MASSACHUSETTS. rlfort.*1*
Nathaniel Gorham, Rufus King.
• CONNECTICUT.
Wm. Samuel Johnson, Roger Sherman.

966

THE GOVERNMENTAL HISTORY OF

Part IV.

THE PERMANENT UNION

The Con
stitution reported!
by the Fed
eral Con
vention to
congress,Sept. 1787.

Names of
memberswho signed
the report.

NEW YORK.
Alexander Hamilton. NEW JERSEY.
William Livingston, William Patterson,
David Brearley, Jonathan Datton.
PENNSYLVANIA.

Benjamdn Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,

Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Governeur Morris.

DELAWARE.
George Read, Richard Bassett,
Gunning Bedford, Jr. Jacob Broom.
John Dickinson, MARYLAND.
James M'Henry, Daniel Carroll,
Daniel-of-St.-Tho: Jenifer.
VIRGINIA.
John Blair, ' James Madison, Jr.
NORTH CAROLINA.
William Blount, ? Hugh Williamson.
Rich. Dobbs Spaight,
SOUTH CAROLINA.
John Rutledge, Charles Pinckney,
C Cotesworth Pinckney, Pierce Butler.
GEORGIA.
William Few, Abraham Baldwin.
Attest, WILLIAM JACKSON, Secretary.

THE UNITED STATES OF AMERICA. 967
UNDER THE CONFEDERATION. PART IV.
In Convention, Monday, September 11th, 1787. f$°£l*
Present. The States of New Hampshire, Massa- eral Con-
chusetts, Connecticut, Mr. Hamilton from New York, congress.
New Jersey, Pennsylvania, Delaware, Maryland, Vir- Sept. wth,
ginia, North Carolina, South Carolina, and Georgia.
Resolved. That the preceding Constitution be laid
before the United States in Congress assembled, and
that it is the opinion of this convention, that it should
afterwards be submitted to a convention of Delegates ^g™^."
chosen in each State, by the people thereof, under the olutions.
recommendation of its legislature, for their assent arid
ratification; and that each convention assenting to,
and ratifying the same, should give notice thereof to
the United States, in Congress assembled.
Resolved. That it is the opinion of this Convention,
that as soon as the conventions of nine states shall have
ratified this Constitution, the United States in Congress
assembled, should fix a day on which electors should
be appointed by the States which shall have ratified the
same, and a day on which the electors should assemble,
to vote for the President, and the time and place for
commencing proceedings under this Constitution. That
after such publication, the electors should be appoint
ed, and the senators and representatives elected ; that
the electors should meet on the day fixed for the elec
tion of the President, and should transmit their votes
certified, signed, sealed, and directed, as the Constitu
tion requires, to the Secretary of the United States in
Congress assembled ; that the senators and represent
atives should convene at the time and place assigned ;
that the senators should appoint a president of the sen
ate, for the sole purpose of receiving, opening, and
counting the votes for President ; that after he shall be
chosen, the Congress, together with the President, should,
without delay, proceed to execute this Constitution.
By the unanimous order qf the Convention.
George Washington, President.
William Jackson, Secretary.

968 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Report of In Convention, September, 11th, 1787.
eral Con- blRj — '
vention to ^re have now the honour to submit to the considera-
congress, Sept. i7th, tion of the United States in Congress assembled, that
1 Constitution which has appeared to us the most advis
able. The friends of our country have long seen and
desired that the power of making war, peace, and
treaties ; that of levying money and regulating com
merce ; and the correspondent executive and judicial
authorities; should be fully and effectually vested in
the general government of the union ; but the impro
priety of delegating such extensive trust to one body
of men is evident. Hence results the necessity of a
different organization.' It is obviously impracticable in
the Federal Government of these States, to secure all
rights of independent sovereignty to each, and yet pro
vide for the interest and safety of all. Individuals
entering into society must give up a share of liberty to
preserve the rest. The magnitude of the sacrifice must
nyhiTiet- depend as we^ on situation and circumstances as on
ter tothe .the object to be attained. It is at all times difficult to
_fcon_n draw with precision the line between those rights which
gress. must oe surrendered, and those which may be reserved ;
and on the present occasion this difficulty was increased
by a difference among the several states as to their sit
uation, extent, habits, and particular interests.
In all our deliberations on this subject, we kept stead
ily in our view, that which appears to us the greatest
interest of every true American, the consolidation of
our union, in which is involved our prosperity, felicity,
safety, perhaps our national existence. This important
consideration, seriously and deeply impressed on our
minds, led each state in the Convention to be less rigid
The Con- on points of inferior magnitude, than might have been
theUresult otherwise expected ; and thus the Constitution, whicli
ofconces- we now present, is the result of a spirit of amity,
and of that mutual deference and concession, which the
peculiarity of our political situation rendered indis-

THH UNITED STATES OF AMERICA. 969
UNDER THE CONFEDERATION. PART IV.
pensable. That it will meet the full and entire appro- Report of
bation of every state is not, perhaps, to be expected ; *r^ ce0^.
but each will doubtless consider, that had her interests vention to
been alone consulted, tlie consequences might have sept. 17th,
been particularly disagreeable or injurious to others. 1>16'J'
That it is liable to as few exceptions as could reasonably
have been expected, we hope and believe : That it may
promote the lasting welfare of that country so dear to
us all, and secure her freedom and happiness, is our
most ardent wish.
With great respect,
we have the honor to be, Sir,
Your Excellency's most obedient
and humble servants,
George Washington, President.
By the unanimous order of the Convention.
To His Excellency, the President of the Congress.

Soon after the reception of this report, on the twen- Action of
ty-eighth of the same month, the Congress " Resolved _nnfl__^.
unanimously, that the said report, with the resoiu- port ofthe
tions and letter accompanying the same, be transmit- tion^Sept.
ted to the several state legislatures, in order to be sub- 28th' 1>1S^'
mitted to a convention of delegates, chosen in each
state by the people thereof, in conformity to the re-
solvesof the convention made and provided in that case."
Pursuant to this resolution copies of the proposed
Constitution were transmitted to the several states : Submis-
The respective state legislatures passed acts calling a ®j°n ,of' t0
convention of delegates from among the people, and
the constitution being submitted to these several con
ventions for their approval, their ratifications thereof
duly subscribed and certified were transmitted to COn- Ratifica.
gress, and were as follows : ii(>a «£
Delaware.
We, the deputies of the people of the Delaware state,
in Convention met, having taken into our serious con-ware.ela*

970 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Ratifica- sideration the Federal Constitution proposed and
conSt°itu-he agreed upon by the deputies of the United States in a
tion by the general Convention, held at the city of Philadelphia,
the states, on the 17th day of September, in the year of our Lord
one thousand seven hundred and eighty-seven, have
approved, assented to, ratified and confirmed, and by
By Dela- these presents do, in virtue of the power to us given
™™mi'. *°r tliat PurP°se, for and in behalf of ourselves and
constituents, fully,* freely, and entirely approve of,
assent to, ratify, and confirm the said Constitution.
Done in Convention at Dover, this seventh day of De
cember, in the year aforesaid," and in the year of the
Independence of the United States of America, the
twelfth. In testimony whereof, we have hereunto
subscribed our names. *****

Pennsylvania.
B Penn- ^E IT KN0WN unt° au" men, that we, the delegates of
sylvania, the people of the Commonwealth of Pennsylvania, in
1787. ' general Convention assembled, have assented to, and
ratified, and by these presents do, in the name and by
the authority of the same people, and for ourselves,
assent to and ratify the foregoing Constitution for the
United States of America.
Done in Convention, at Philadelphia, the twelfth day
of December, in the year of our Lord one thousand
seven hundred and eighty-seven, and of the independ
ence of the United States of America, the twelfth.
In witness whereof, we have hereunto subscribed our
names. Frederick Augustus Mulenburgh, President.
James Campbell Secretary.

' New Jersey.
By New In Convention of the state of New Jersey : Wliereas,
DeTT-t-i a Convention of delegates from the following states, viz.,
1787. ' (the states represented in the Federal Convention,)

THE UNITED STATES OF AMERICA. 971
UNDER THE CONFEDERATION. PART IV.
met at Philadelphia, for the purpose of deliberating on, Ratifica-
and forming a Constitution for the United States of con^u-16
America, finished their session on the seventeenth day tion by the
of September last, and reported to Congress the form the states.
which they had agreed upon, in the words following,
viz., (cites the Constitution verbatim, the resolutions
of Congress, and the act of the state legislature calling
the convention.)
Now be it known, That we, the delegates of the state Ry New
JprsGT
of New Jersey, chosen by the people thereof, for the pur
poses aforesaid, having mutually deliberated on, and
considered the aforesaid proposed Constitution, do
hereby, for and on behalf of the people of the said
state of New Jersey, agree to, ratify, and confirm, the
same, and every part thereof.
Done in Convention, by the unanimous consent of
the members present, this eighteenth day of Decem
ber, &c.
In witness whereof, we have hereunto subscribed
our names. John Stevens, President.
Samuel W. Stockton, Secretary.

Connecticut.
In the name of the people of the state of Connecticut : Ratifiea-
We, the delegates of the people of .the said state, intionby .
general convention assembled,, pursuant to an act of cut^Xi!
the legislature in October last, have assented to and9th' im-
ratified, and by these presents do assent to, ratify, and
adopt, the Constitution reported by the Convention of
delegates in Philadelphia, on the 17th day of Septem
ber, A. D. 1787, for the United States of America.
Done in Convention, this 9th day of January, A. D.
1788. In witness whereof, we have hereunto set our
hands. Matthew Griswold, President.
Test. Jedediah Strong, Secr'y.

972 the governmental history of
Part IV. the permanent union
tio'foTuie Massachusetts.
uonVytiie -^ra Convention of the delegates of the people of the
people of Commonwealth of Massachusetts, February 6th, 1788.
the stcttcs The Convention having impartially discussed, and
fully considered the Constitution for the United States
of America, reported to congress by the Convention of
delegates from the United States of America, and sub
mitted to us by a resolution of the general court of the
Ratifica- said Commonwealth, passed the twenty-fifth day of
Massachu- October last past, and acknowledging with grateful
6thSi7s8 neai'ts the goodness of the Supreme Ruler of the uni
verse, in affording the people of the United States, in
the course of His Providence, an opportunity, delib
erately and peaceably, without fraud or surprise, of
entering into an explicit and solemn compact with each
other, by assenting to and ratifying a new Constitution,
in order to form a more perfeet union, establish justice,
insure domestic tranquillity, provide for the common
defence, promote the general welfare, and secure the
blessings of liberty to themselves and their posterity,
Do, in the name and in behalf of the people of the Com
monwealth of Massachusetts, assent to, and ratify, the
said Constitution for the United States of America.
****** John Hancock, Pres't.
William Cushing, V. P.
George Richards Minott, Secretary.

Georgia.
Ratifica- In Convention, Wednesday, January the second, one
Georgia, thousand seven hundred and eighty-eight. To all to
Jammry^ , whom these presents shall come, Greeting:
Whereas, the" form of a Constitution for the govern
ment of the United States of America, was, on the 17th
day of September, one thousand seven hundred and
eighty-seven, agreed upon and reported to congress, by
the deputies of the said United States, convened in Phil-

2d, 1788.

THE UNITED STATES OF AMERICA. 973
UNDER THE CONFEDERATION. PART IV.
adelphia, which said Constitution is written in the words Ratifica-
following, viz., (cites the Constitution verbatim, the res- p°ns°^_he
olution of Congress, and the act of the state legislature, tion by the
calling this convention, and proceeds,) Now know _/e, the states."
that We, the delegates of the people of the state of Geor
gia, in convention met, pursuant to the resolutions of
the legislature aforesaid, having taken into consideration B Geor_
the said Constitution, have assented to, ratified, and gia.
adopted, and by these presents do, in virtue of the
powers and authority to us given by the people of the
said stale for that purpose, for and in behalf of ourselves
and our constituents, fully and entirely assent to, rat
ify, and adopt, the said Constitution.
Done in Convention, at Augusta, in the said state,
on the second day of January, A. D. 1788, and of the
Independence of the United States, the twelfth.
In witness whereof, Sec. John Wereat, President, etc.

Maryland.
In Convention of the delegates of the people of the Ratifica-
state of Maryland, 28th April, 1788. J™n ^
We, the delegates of the people of the state of Mary- April 28th,
land, having fully considered the Constitution of the1
United States of America, reported to Congress by the
Convention of deputies from the United States of
America, held in Philadelphia, on the seventeenth day
of September, 1787, of which the annexed is a copy ;
and submitted to us by a resolution of the general
assembly of Maryland, in November session, seventeen
hundred and eighty-seven, Do, for ourselves, and in
the name and' on the behalf of the people of this state,
assent to, and ratify, the said Constitution.
In witness whereof, we have hereunto subscribed our
names. George Plater, President, etc.
Attest, Wm. Harwood, CI' k.

974 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Ratifica- -. ~
tion of the SOUTH CAROLTOA.
tion by "the ^n Convention of the people of the state of South Car-
people of olina, by their representatives, held in the city of
Charleston, on Monday, the twelfth day of May, and
continued by divers adjournments to Friday, the twen
ty-third day of May, Anno Domini, one thousand seven
hundred and eighty-eight, and in the twelfth year of
the Independence of the United States of America.
Ratifica- The Convention having maturely considered the Con-
s'outl/car- stitution, or form of government, reported to Congress
iDm}' May' ty tne Convention of delegates from the United States
of America, and submitted to them by a resolution of
' the legislature of this state, passed the seventeenth and
eighteenth days of February last, in order to form a
more perfect union, establish justice, ensure domestic
tranquillity, provide for the common defence, promote
the' general welfare, and secure the blessings of liberty
to the people of the said United States, and tlieir pos
terity ; Do, in the name and behalf of the people of this
state, hereby assent to, and ratify, the said Constitu
tion. Done in Convention, 8cc.
Thomas Pinckney, Pres't. [L. S.]
Attest, John Sanford Dart, Secr'y. [L. S.]

New Hampshire.
Ratifica- In Convention of the delegates of the people of the.
N°Hamp- state °f New Hampshire, June the twenty-first, 1788.
shire, June The Convention, having impartially discussed, and
21st 1788 ~
' ' fully considered the Constitution for the United States
of America, reported to Congress by the Convention
of delegates from the United States of America, and
submitted to us by a resolution of the general court of
said state, passed the fourteenth day of December last;
and acknowledging with grateful hearts the goodness
of the Supreme Ruler of the universe, in affording the
people of the United States, in the course' of His Prov
idence, an opportunity, deliberately and peaceably,

THE UNITED STATES OF AMERICA. 975
UNDER THE CONFEDERATION. PART IV.
without fraud or surprise, of entering into an explicit Ratifica-
and solemn compact with each other, by assenting to co__titu- *
and ratifying a new Constitution, in order to form a tion by the
more perfect union, establish justice, insure domestic {_,e states.
tranquillity, provide for the common defence, promote
the general welfare, and secure the blessings of liberty
to themselves and their posterity — Do, in the name and
behalf of the people of the state of New Hampshire,
assent to, and ratify, the said Constitution, for the
United States of America.
Transmitted and certified to Congress by
John Sullivan, Pres't of the Convention.
John Langdon, Pres't of the State.
By order,
John Calf, Secr'y of Convention.
Joseph Pearson, Secr'y af State.

Virginia.
We, the delegates of the people of Virginia, duly Ratifica-
elected in pursuance of a recommendation from they;"^
general assembly, and now met in Convention, having June 26tn,
fully and freely investigated and discussed the proceed
ings of the Federal Convention, and being prepared, as
well as the most mature deliberation hath enabled us,
to decide thereon — Do, in the name and in behalf of the
people of Virginia, declare and make known, that the
powers granted under the Constitution, being derived
from the people of the United States, may be resumed
by them, whensoever the same shall be perverted to
their injury or oppression, and that every power not
granted thereby, remains with them, and at their will :
That therefore no right of any denomination, can be
cancelled, abridged, restrained, or modified, by the
congress, by the senate, or house of representatives,
acting in any capacity ; by the president, or any de
partment, or officer of the United States, except in
those instances in which power is given by the Consti
tution for those purposes : And that among other essen-

976 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Ratifica- tial rights, the liberty of conscience, and of the press, "
Constitu- e cannot be cancelled, abridged, restrained, or modified,
tion by the by any authority of the United States. With these
the states, impressions, with a solemn appeal to the Searcher of
hearts for the purity of our intentions, and under the
conviction that whatsoever imperfections may exist in
the Constitution, ought rather to be examined in the
mode prescribed therein, than to bring the union in
danger by a delay, with a hope of obtaining amend?
ments previous to the ratification — We, the said dele-
Ratifica- gates, in the name and in behalf of the people of Virginia,
Virginia, do, by these presents, assent to, and ratify, the Constitu-
1788 26th' ^on recommen(led on the seventeenth day of Septem
ber, one thousand seven hundred and eighty-seven, by
the Federal Convention, for the government of the
United States ; hereby, announcing to all those whom it
may concern, that the said Constitution is binding upon
the said people, according to an authentic copy hereto
annexed, in the words following, (see Constitution.)
Done in Convention, this twenty-sixth day of June, one
thousand seven hundred and eighty-eight.
By order of the Convention, Edw. Pendleton, President.

State of New-York.
Ratifica- We, the delegates of the people of the state of New-
New-York, York, duly elected and met in Convention, having ma-
1787 26th' turely considered the Constitution of the United States
of America, agreed to on the seventeenth day of Sep
tember, in the year one thousand seven hundred and
eighty-seven, by the Convention then assembled, at
Philadelphia, in the commonwealth of Pennsylvania,
(a copy whereof precedes these presents,) and having
also seriously and deliberately considered the present
situation of the United States, Do declare and make
known, that all power is originally vested in, and conse
quently derived from, the people ; and that government
is instituted by them for their common interest, protec-

THE UNITED STATES OF AMERICA. 977
UNDER THE CONFEDERATION. PART IV.
tion and security ; that the powers of government may Ratifica-
be re-assumed by the people, whensoever it shall become constitu-^
necessary to their happiness"— rlt goes on with a decla-tidnbythe
ration of rights, and of the powers and restrictions, im-tte states.
posed by the Constitution, and with other suggestions .
as to the powers of a general administration, and then
proceeds —
"Under these impressions, and declaring that the
rights aforesaid cannot be abridged or violated, and
that the explanations aforesaid are consistent with the
said Constitution, and in confidence that the amend
ments which shall have been proposed to the said Con
stitution, will receive an early and mature considera
tion ; We, the said delegates, in the name and in the be
half of the people of the state of New York, do, hy Ratifica-'
these presents, assent to, and ratify, the said Constitu- ^°^ yor_(
tion. In full confidence, nevertheless, that, until a con-^'y 26th>
vention shall be called and convened for proposing
amendments of the said Constitution, the militia of
this state will not be continued in service out of this
state for a longer term than six weeks, without the con
sent of the legislature thereof : That the Congress will
not make or alter any regulation in this state, respecting
the times, places, and manner, of holding elections for
senators and representatives, unless the legislature ,o£
this state shall neglect or refuse to make laws or regu
lations for the purpose, or from any circumstances be
incapable of making the same ; and that in those cases
such power will only be exercised until the legislature
of this state shall make provision in the premises :
That no excise will be imposed on any article of the
growth, production, or manufacture, of the United
States, or any of them, within this state, ardent spirits
excepted : And that the Congress will not lay direct
taxes within this state, but when the monies arising
from the impost and excise shall be insufficient for the
public exigencies ; nor then, until Congress shall first
have made a requisition upon this state to assess, levy
62'

978 THE GOVERNMENTAL HISTORY OF
Part IV. the permanent union
Ratifica- and pay, the amount of such requisition, made agree-
Constftu^6 a^y to tlie cenSuS nXed m the said Constitution, in
tion by the such way and manner as the legislature of this state
the states, shall judge best ; but that in such case, if the state
shall neglect or refuse to pay its proportion, pursuant
to such requisition, then the Congress may assess and
levy this state's proportion, together with the interest
at the rate of six per centum, per annum, from the
time at which the sime was required to be paid.
Done in Convention at Poughkeepsie, in the County
of Dutchess, in the State of New York, the 26th day
Of July, A. D. 1788.
By order of the Convention, Geo. Clinton, President.
Attest, John M'Kesson, ) &cnrfflriM<
Ab. B. Banker,

State of North Carolina.
Resolution uIn Convention, August 1st, 1788. Resolved, That
of North*6 a Declaration of Rights, asserting and securing from
Carolina, encroachment the great principles of civil and religious
ilii. 8t' liberty, and the unalienable rights of the people, to
gether with amendments to the most ambiguous and
exceptionable parts of the said Constitution of govern
ment, ought to be laid before Congress, and the conven
tion Of the states that shall, or may be called, for the
purpose of amending the said Constitution, for their
consideration, previous to the ratification of the Consti
tution aforesaid, on the part of the state of North
Carolina."

Proceed- The ratification of the Constitution on the part of
congress, the state of New-Hampshire, was received by the Con
gress on the second day of July, 1788, when the presi
dent suggested that this was the ninth ratification trans
mitted and laid before them ; Whereupon, on motion
of Mr. Clark, seconded by Mr. Edwards, it was
" Ordered, That the ratifications of the Constitution

THE UNITED STATES OF AMERICA. 979
under the confederation. Part IY.

of the United States, transmitted to Congress, be re-commit- ttee of e_>
aminatioa.

ferred to a committee to examine the same, and report tee ' ex'

an act to congress for putting the said constitution into
operation, in pursuance of the resolutions of the late
Federal Convention."
The Committee appointed under this resolution, re-EePortof
rr the com*
ported to Congress on the fourteenth day of the same mittee.
month ; which report, after being debated from time
to time, was finally adopted on the thirteenth day of
September, 1788, as follows ;
" On the question to agree to the following, proposi
tion, it was resolved in the affirmative, by the unanimous
votes of nine states, viz. : of New-Hampshire, Massa
chusetts, Connecticut, New-York, New-Jersey, Penn
sylvania, Virginia, South Carolina, and Georgia.
Whereas the Convention assembled in Philadelphia,
pursuant to the resolution of congress of the twenty-
first February, 1787, did, on the seventeenth of Sep
tember, in the same year, report to the United States
in Congress assembled, a Constitution for the people of
the United States ; whereupon congress, on the twenty-
eighth of the same September, did resolve unani
mously — ' that the said report, with the resolutions and Scarry0"
letter accompanying the same, be transmitted to the the Con-
eeveral legislatures, in order to be submitted to a con-mto-oper__
vention of delegates chosen in each state by the people *ion>SeP"
thereof, in' conformity to the resolves of the convention 13th, 1788,
made and provided in that case.' And whereas the
Constitution so reported bythe convention, and by con
gress transmitted to the several legislatures, has been
ratified in the manner therein declared to be sufficient
for the establishment of the same, and such ratifica
tions duly authenticated, have been received by con
gress, and are filed in the office of the secretary, there*
fore —
Resolved, That, the first Wednesday in January next,
be the day for appointing electors in the several states,

THE GOVERNMENTAL HISTORY OF

Part IV. the perfect and perpetual union
Resolution which, before the said day, shall, have ratified the said
fte°Con- Constitution ; that the first Wednesday in February
stitution next, be the day for the electors to assemble in their
tion, Sep^- respective states and vote for a President ; and that the
i3thei788 ^rst Wednesday in March next, be the time, and the
present seat of Congress the place, for commencing the
proceedings under the said Constitution."

The government accordingly went into operation
under the new Constitution ; and the first session of
Congress was held under it, in the city of New York, on
ganization the fourth day of March, 1789. It was composed of
of the gov- members duly elected from New Hampshire, Massachu
setts, Connecticut, New York, New Jersey, Pennsylva
nia, Delaware, Maryland, Virginia, South Carolina,
and Georgia ; those states having respectively ratified
the same.
Prelimina- A quorum of the whole number of senators from
ry organi- these states, however, did not take their seats in the
z-ition ot ¦
the senate, senate until the sixth of April, when the credentials of
_YP8r_. 6- ' the members present being read, and ordered to be filed,
the Senate proceeded by ballot, to the choice of a presi
dent for the sole purpose of opening and counting the
votes for President and Vice-president of the United
States. John Langdon, of New Hampshire, was elected
president of the senate .pro tem. ; and on his taking the
chair it was
Resolution "Ordered That Mr. Ellsworth inform the House of
thenHo_se Representatives that a quorum of the Senate is formed;
of Repre- that a presi,ient is elected for the sole purpose of open-
sentatives. r . , _> _i 1
ing the certificates, and counting the votes ot the elec
tors of the several states, in the choice of a President
and Vice-president of the United States ; and that the
Senate is now ready, in the senate chamber, to proceed,
in the presence of the House, to discharge that duty;
and that the Senate have appointed one of their mem
bers to sit at the clerk's table to make a list of the votes
as they shall be declared, submitting it to the wisdom

THE UNITED STATES OF AMERICA. 981
UNDER THE PRESENT CONSTITUTION. PART IV.
of the House to appoint one or more of their members Organiza-
for the like purpose." govern**
Mr. Ellsworth reported " that he had delivered the ment
message ;" and Mr. Boudinot, from the House of Repre- Constitu-
sentatives, informed the senate that the house wasY°n^New
ready forthwith to meet them, to attend to the opening March 4th,
and counting of the votes of the electors of the presi
dent and vice-president of the United States. The Meeting of
speaker and the members of the house of representa-^°*ea t0
tives then attended in the senate chamber : The count the
president, elected for the purpose of counting the votes, president
declared that the senate and house of representatives and .T,ice"
. . l president,
had met: He then, in their presence, opened and April 6th.
counted the votes of the electors for president and
vice-president of the United States : Whereby it ap
peared, and was by him declared, that George Washing
ton, Esq. of Virginia, was unanimously elected Presi
dent, and John Adams, of Massachusetts, was elected
Vice-President of the United States of America.
On the twenty-first day of April, the Vice-President Introdue-
was conducted into the senate chamber by. a commit- vi"e-Pres*
tee previously appointed for the purpose ; where he |dent
was met by Mr. Langdon, the vice-president pro tem., senate,"
on the floor of the chamber, who addressed him as April 21st-
follows :
" Sir: I have it in charge from the senate to intro-Tothe
diice you to the chair of this house, and also, to con- c£arse of
, ' the senate.
gratulate you on your appointment to the office of Vice-
President of the United States of America."
Mr. Langdon then conducted Mr. Adams to the chair,
when he addressed the senate as follows :
" Gentlemen of the Senate :
"Invited to this respectable situation by the suffrages. His inau-
of our fellow-citizens, according to the Constitution, i|^ralad-
have thought it my duty cheerfully and readily to ac
cept it. Unaccustomed to refuse any public service,
however dangerous to my reputation, or dispropor
tioned to my talents, it would have been inconsistent

982 THE GOVERNMENTAL history of
Fart IV. the perfect and perpetual union
Organiza- to have adopted another maxim of conduct at this time,
govern- th<Swnen the Prosperity of the country and the liberties
ment of the people, require, perhaps, as much as ever, the
constitu-6 attention of those who possess any share of public con-
tibn, New fidence.
York March 4th, " I should be destitute of sensibility, if, upon my
m9, arrival in this city, and presentation to this Legislature,
nd especiaUy to this Senate, I could see without emo
tion, so many of those characters of whose virtuous
exertions I have often been a witness ; from whose
countenances and examples I have ever derived encour
agement and animation: Whose disinterested friend
ship has supported me in many intricate conjunctures
, , of public affairs, at home and abroad. Those cele-
address of brated defenders of the liberties of this country, whom
dent res' menaces could not intimidate, corruption seduce, or
Adams, flattery allure : Those intrepid assertors of. the rights
' Of mankind, whose philosophy and policy have enlight*
ened the world in twenty years, more than it was ever
before enlightened in many centuries by Ancient Schools
or modern Universities.
"I must have been inattentive to the course of
events, if I were either ignorant of the fame, or insen
sible to the merit, of those other characters in the Sen
ate, to whom it has been my misfortune to have been
hitherto personally unknown.
" It is with satisfaction that I congratulate the people
of America on the formation of a National Constitution,
and the fair prospect of a consistent administration of
a government of laws : On the acquisition of a House
of Representatives, chosen by themselves : Of a Senate
thus composed by their own State Legislatures : And
on the prospect of an Executive Authority in the hands
of one whose portrait I shall not presume to draw.
Were I blessed with powers to do justice to his charac
ter, it would be impossible to increase the confidence
or affection of his country, or make the smallest addi
tion to his glory : This can only be affected by a dis-

THE UNITED STATES OF AMERICA. 983
UNDER THE PRESENT CONSTITUTION. PART IV.
charge of the present exalted trust on the same prin- Organiza-
ciples, with the same abilities and virtues, which have g_"e°u.
uniformly appeared in all his former conduct, public ment
or private. May I, nevertheless, be indulged to in-constitu-
quire, if we look over the catalogue of the first magis-^?^Neff
trates of nations, whether they have been denom- March 4th,
1789
inated presidents or consuls* kings or princes, where
shall we find one whose commanding talents and vir
tues, whose over-ruling good fortune, have so com
pletely united all hearts and voices in his favor;
who enjoyed the esteem and admiration of foreign
nations and fellow-citizens with equal unanimity?
Qualities so uncommon, are no common blessings to
the country that possesses them. By those great quali- ^a™j^ralf
ties, and their benign effects, has Providence marked Vice-Presi- •
out the head of this nation, with a hand so distinctly Adam.
visible, as to have been seen by all men and mistaken April sist.
by none.
" It is not for me to interrupt your deliberations by
any general observations on the state of the nation, or
by recommending or proposing any particular measure.
It would be superfluous to gentlemen of your great
experience, to urge the necessity of order. It is only
necessary to make an apology for myself. Not wholly
without experience in public assemblies, I have been
more accustomed to take a share in their debates than
to preside in their deliberations. It .shall be my con
stant endeavor to behave towards every member of this
most honorable body with all that consideration, deU
cacy, and decorum, which becomes the dignity of his
station and character; but if from inexperience or
inadvertency, anything should ever escape me incon
sistent with propriety, I must entreat you, by imputing
it to its true cause, and not to any want of respect, to
pardon and excuse it.
"A trust of the greatest magnitude is committed to
this Legislature, and the eyes of the world are upon
you. Your country expects, from the results of your

984 THE GOVERNMENTAL HISTORY OF
Part IV. the perfect and perpetual union
Organiza- deliberations, in concurrence with the otlier branches
govern- " 0l> the government, consideration abroad and content
ment ment at home ; prosperity, order, justice, peace, and
constitu- liberty. And may God Almighty's Providence assist
YorkNeW y°u to answer their iust expectations."
.March 4th 
1 ' " " The President elect, having been formalrynotified of
Time ap- his election, signified to Congress, at their request,
tijeDinau-0r ^at &n^ *™e an<^ placej and any manner, which should
guration appear most eligible to them for his inauguration, would
President. De convenient and acceptable to him. Accordingly
Thursday, the thirtieth day of April, 1789, was fixed
as the time, and the gallery in front of the senate cham
ber as the place, for conducting the ceremonial of his
formal reception and inauguration.
Progress After having resigned his command of the American
President armies, Washington retired to his farm in Virginia,
elect from where he remained until he was called upon to partici-
Vernon to pate in its deliberations by being appointed a delegate
New-York. t0 the Federal Convention. After having discharged
his duties there he again retired to Mount Vernon,
where he received the intelligence of his election to the
highest station in the gift of his country. Though
plainly unambitious of public honors or distinction,
and coveting the repose to which he had retired, he
nevertheless yielded to his convictions of duty, and the
wishes of his countrymen, and set out for New York.
His progress is thus described by a cotemporary : " The
roads were crowded with numbers anxious to see the
man of the people. Escorts of militia, and of gentlemen
of the first character and station, attended him from state
to state, and he was everywhere received with the high
est honors which a grateful and admiring people could
confer. Addresses of congratulation were presented to
him by the inhabitants of almost every place of con
sequence through which he passed ; to all of which he
returned such modest, unassuming answers, as were in
every respect suitable to his situation.

THE UNITED STATES OF AMERICA.

985

UNDER THE PRESENT CONSTITUTION. PART IV.

" So great were the honors with which he was loaded, Organiza-
that they could scarcely have failed to produce haugh- govern-
tiness in the mind of any ordinary man ; but nothing ment x,
, . . , . -, . under the ,
of the kind was ever discovered m this extraordinary constitu-
personage. On all occasions he behaved to all men TorkNeW'
with the affability of one citizen to another. He was March 4th,
truly great in deserving the plaudits of his country, but
much greater in not being elated with them.
" Gray's bridge over the Schuylkill, which General
Washington had to pass, was highly decorated with
laurels and evergreens. At each end of it were erected
magnificent arches composed of laurels, emblematical
of the ancient Roman triumphal arches ; and on each
side of the bridge was a laurel shrubbery. As Wash- Progress
ington passed the bridge, a youth ornamented with p^^dent
sprigs of laurel, assisted by machinery contrived for the elect from
purpose, let drop above his head, though unperceived Vernon to
by him, a Civic Crown of laurel. Upwards of twenty New-York.
thousand citizens lined the fences, fields, and avenues,
between the Schuylkill and Philadelphia; through
these he was conducted to the city by a numerous and
respectable body of the citizens, where he partook of
an elegant entertainment provided for him. The pleas
ures of the day were succeeded by a handsome dis
play of fireworks in the evening. When Washington
crossed the Delaware, and landed on the Jersey shore,
he was saluted with three cheers by the inhabitants of
the vicinity. When he came to the brow of the hill,
on his way to Trenton, a triumphal arch was erected
on the bridge, by the direction of the ladies of the place ;
the crown of the arch was highly ornamented with im
perial laurels and flowers, and on it was displayed in
large figures December twenty-sixth, 1776. On the
sweep of the arch, beneath, was the inscription the
defender of the mothers will also protect their
daughters. On the north side were ranged young girls
dressed in white, with garlands of flowers on their
heads, and baskets of flowers on their arms ; in the

986. THE GOVERNMENTAL HISTORY OF
Part IV. the prefect and perpetual union
Organiza- second row stood the young ladies, and behind them the
tion of the marrie(_ ladies of the town. The instant he passed, the
govern- l
ment arch, the young girls began to sing the foUowing ode :
under the
tion New* ' Welcome> mighty chief, once more,
York Welcome to this grateful shore :
March 4th, Now no mercenary foe
I"".- Aims again the fatal blow,
Aims at thee the fatal blow.
Virgins fair and matrons grave,
Those thy conquering arm did save,
Build for thee triumphal bowers :
Strew, ye fair, his way with flowers,
Strew your Hero's way with flowers.'
Progress "As they sung the last lines they strewed their flow-
president ers on the road before their beloved deliverer. His
elect to situation on this occasion, contrasted with what he had,
New- York. -
' in December, 1776, felt on the same spot, when the
affairs of America were at the very lowest ebb of de
pression, filled him with sensations which cannot be de
scribed. He was rowed across the bay from Elizabeth-
town to New York, in an elegant barge, by thirteen
pilots. All the vessels in the harbor hoisted their flags.
Stairs were erected and decorated for .his reception.
On his landing, universal joy diffused itself through
every order of the people, and he was received and
congratulated by the Governor of the state, and officers
of the Corporation. He was conducted from the land
ing-place to the house which had been fitted up for his
reception, and was followed by an elegant procession of
militia in their uniforms, and by a great number of
citizens. In the evening the houses and public build
ings of the city were brilliantly illuminated.
" The thirtieth day of April was fixed for taking the
oath of office.
" On the morning of the day appointed for the pur
pose, the clergy of the different denominations assem
bled their congregations in their respective places of
worship, and offered up public prayers for the people
and the President of the United States. About noon,

- THE UNITED STATES OF AMERICA. 987
UNDER THE PRESENT CONSTITUTION. PART IV,
a procession of military, followed by a multitude of citi- Organiza-
zens, and civic associations, moved from the President's g""^.*'6
house to Federal Hall, where the Congress was in session ment
awaiting his presence. When they came within a short constitu-
distance from the hall, the troops formed a line on both jjj°n> y ^
sides of the way, through which Washington, accom- March 4thJ
panied by the Vice-President, John Adams, passed into 9*
the hall.
Previous to his entrance into the senate chamber, The for-
Mr. Lee, in behalf of the committee appointed to take ™on ofthe
order for conducting the ceremonial of the formal re- president
ception of the President of the United States, informed congress.
tlie senate that the matter was adjusted. The house
of representatives were notified that the senate were
ready to receive them in the senate chamber, to attend
the President of the United States, while taking the
oath required by the Constitution. Whereupon, the
house ofrepresentatives, preceded by their speaker, came
into the senate chamber, and took the seats assigned
them. The joint committee of both houses, preceded ipaugura-
by their chairman, agreeably to order, introduced the president,
.. President of the United States to the senate chamber^ APril 30th-
where he was received by the Vice-President, who con
ducted him to the chair, and informed him ' that the
Senate and House of Representatives of the United
States were ready to attend him, to take the oath re
quired" by the Constitution, and that it would be ad
ministered by the ChanceUor of the state of New- York.'
To which the President "replied, that he was ready to
proceed. He was then attended to the gallery* in front * Balcony?
of the senate chamber and opposite to Bond street, by
the vice-president and senators, the speaker and repre
sentatives, and other public characters present, where,
before them, and in sight of an immense concourse of
citizens, the oath was administered to him; by Robert
R. Livingston, Esq.,. Chancellor of the state of New^-t-^nalsof
York, in the words provided by the Constitution, Voif.!88*
viz. :j-

988 THE GOVERNMENTAL HISTORY OF.
.Part IV. the perfect and perpetual union
Organiza- " I do solemnly swear that I will faithfully execute
govem-thethe office of President of the United States, and will
ment to the best of my ability, preserve, protect and defend
Constitu-6 the Constitution of the United States."
tion, The Chancellor then turned and proclaimed " lone;
New York
March 4th' live George Washington, President of the United
ll?89. States;" and was answered by the ringing acclama
tions of the immense multitude.
The inau- On this occasion Washington was clothed entirely in
fnepresi-^ fabrics of American manufacture. • " While he was
dent, taking the oath," says an eye-witness, " an awful silence
pr ' prevailed among the" spectators during this part of the
ceremony. It was a minute of the most sublime polit
ical joy. The proclamation of the Chancellor was
answered by the discharge of- thirteen minute guns ;
and by the effusion of shouts from near ten thousand
grateful and affectionate hearts. The president bowed
most respectfully to the people, and the air resounded
again with tlieir acclamations. He then retired to his
seat in the senate chamber; after a short pause he
arose and addressed an animated speech to both houses ;
in which his language not only expressed his own feel
ings on the solemn occasion, but likewise discovered
his anxiety and concern for the welfare and happiness
of the people in whose cause he had before risked his
life. Several circumstances tended to render the scene
of his inauguration unusually solemn ; the presence
of the beloved father and deliverer of his country;
the impressions of gratitude for his past services ; the
vast concourse of spectators ; the devout fervency with
which he repeated the oath, and the reverential manner
in which he bowed to kiss the sacred volume ; these cir
cumstances, together with that of his being chosen to
the most dignified office in America, and perhaps in the
world, by the unanimous voice of more than three mil-
See Win- lions of enlightened freemen, all conspired to place
terboth- this among the most august and interesting scenes
America, which have ever been exhibited on this globe." " It

THE UNITED STATES OF AMERICA. 989
UNDER THE PRESENT CONSTITUTION. PART IV.
seemed, from the number of witnesses," said another Organiza-
spectator of the scene, " to be a«olemn appeal to heav- g^em.4 e
en and earth at once : Upon the subject of this great ment
and good man, I may, perhaps, be an enthusiast ; butconstitu-
I confess, I was under an awful and religious persuasion tLon> Y .
that the gracious Ruler of the Universe was looking March 4th,
1789
down at that moment with peculiar complacency on
the act, which, to a part of his creatures, was so very inau^,Pa.
important. Under this impression, when the Chancel- tion of the
, -, . f i- president,.
lor pronounced, in a very feehng manner, long live April 30th.
George Washington, my sensibility was wound up to
such a pitch, that I could do no more than wave my <
hat with the rest, without the power of joining in the
repeated acclamations which rent the air. " *
Washington's Inaugural Address.
"Fellow- Citizens of the Senate and
House of Representatives:
"Among the vicissitudes incident to life, no event
could have filled me with greater anxieties than that
of which the notification was transmitted by your
order, and received on the fourteenth day of the pres
ent month.* On the one hand, I was summoned by my * April.
country, whose voice I can never hear but with venera
tion and love, from a retreat which I had chosen with
the fondest predilection, and, in my flattering hopes
with an immutable decision, as the asylum of my de
clining years ; a retreat which was rendered every day
more necessary as well as more dear to me, by the
addition of habit to inclination, and of frequent inter
ruptions in my health, yielding to the gradual waste
committed on it by time. On the other hand, the mag
nitude and difficulty of the trust to which the voice of
my country called me, being sufficient to awaken in the
wisest and most experienced of her citizens a distrust
ful scrutiny into his qualifications, could not but over
whelm with despondence one, who, inheriting inferior * "Winter-
endowments from nature, and unpracticed in the duties America!

990 THE GOVERNMENTAL HISTORY OF
Part IV. the perfect and perpetual union
Organiza- of civil administration, ought to be peculiarly conscious
govern-' " °^ n*s o™ deficiencies. In this conflict of emotions,
ment all I dare aver, is, that it has been my faithful study to
constitu- collect my duty from a just appreciation of every cir-
*Lon> cumstance by which it might be affected. All I dare
March 4th', hope, is, that if in executing this task, I have been too
9" much swayed by a grateful remembrance of former
instances, or by an affectionate sensibility to this trans-
cendant proof, of the confidence of my fellow-citizens,
and have thence too little consulted my incapacity as
well as disinchnation, for the weighty and untried cares
before me ; my error will be palliated by the motives
which misled me, and its consequences be judged by
my country with some share of the partiality in which
they originated.
Washing- " Such being the impressions under which I have, in
guraima " obedience to the public summons, repaired to the pres-
address, ent station ; it would be peculiarly improper to omit,
' in this first official act, my fervent supplications to that
Almighty Being who rules over the universe, who pre
sides in the councils of nations, and whose providen
tial aids can supply every human defect, that His ben
ediction may consecrate to the hberties and happiness
of the people of the United States, a government insti
tuted by themselves for these essential purposes, and
may enable every instrunient employed in its adminis
tration, to execute with success the functions allotted
to his charge. In tendering this homage to the Great
Author of every public and private good, I assure my
self that it expresses your sentiments not less than my
own ; nor those of my fellow-citizens at large less than
either. No people can be bound to acknowledge and
adore the invisible hand which conducts the affairs of
men, more than the people of the United States.
Every step by which they have advanced to the charac
ter of an independent nation, seems to have been dis
tinguished by some token of Providential agency. And
in the important revolution just accomplished in tho

THE UNITED STATES OF AMERICA. 991

UNDER THE PRESENT CONSTITUTION. PART IV.
system of their united government, the tranquil delib- Organiza-
esrations, "and. voluntary consent, of so many distinct '°"e°__
communities, from which the event has resulted, can- ment
not be compared with the means by which most gov- constitu-
ernments have been established, without some return ^on> .
of pious gratitude, along with humble anticipation of March 4th,
the future blessings which the past seems to presage.
These reflections, arising out of the present crisis, have
forced themselves too strongly upon my. mind to be
suppressed. You will join with me, I trust, in think
ing that there are none under the influence of which the ,
proceedings of a new and free government can more
auspiciously commence.
"By the article establishing the Executive Depart- Washing-
ment, it is made the duty of the residentP ' to recom- t^1inau"
mend to your consideration such measures as he shall address,
judge necessary and expedient.' The circumstances. pn
under which I now meet you will acquit me from en
tering into that subject, further than to refer to the
great constitutional charter under which you are assem
bled, and which, in defining your powers, designates
the objects to which your attention is to be given. It
will be more consistent with those circumstances, and
far more congenial with the feelings which actuate me,
to substitute, in place of a recommendation of particu
lar measures, the tribute that is due to the talents, the
rectitude, and the patriotism, which adorn the charac
ters selected to devise and adopt them. In these hon
orable qualifications, I behold the surest pledges that,
as on one side no local prejudices or attachments, no
separate views, no party animosity, will misdirect the
comprehensive and equal eye which ought to watch
over this- great assemblage of communities and inter
ests ; so on another, that the foundations of our national
policy will be laid in the pure and immutable principles
of private morality ; and the pre-eminence of free gov
ernment be exemplified by. all the attributes which can
win the affections of its citizens, and command the

992 THE GOVERNMENTAL HISTORY OF
Part IV. the perfect and perpetual union
Organiza- respect of the world. I dwell on this prospect with
govern-* * evei7 satisfaction which an ardent love for my country
ment can inspire ; since there is no truth more thoroughly
Constitu- established, than that there exists in the economy and
*j°n' „ , course of nature, an indissoluble union between virtue
New York,
March 4th, and happiness ; between duty and advantage ; between
ll789- the genuine maxims of an honest and magnanimous
policy, and the solid rewards of public prosperity and
felicity ; since we ought to be no less pursuaded, that
the propitious smiles of heaven can never be expected,
on a nation that disregards the eternal rules of order
and right which heaven itself has ordained : And
since the preservation of the sacred fire of liberty, and
the destiny of the republican model of government, are
justly considered as deeply, perhaps as finally, staked
on the experiment entrusted to the hands of the Amer
ican People.
Washing- " Besides the ordinary objects submitted to your
g^r'aimaU' care> it wiu remain with your judgment to decide, how
address, far an exercise of the occasional power, delegated by
pr ' the fifth article of the Constitution, is rendered expe
dient at the present, juncture, by the nature of objec
tions which have been urged against the system, or by
the degree of inquietude which has given birth to them.
Instead of undertaking particular recommendations on
this subject, in which I could be guided by no lights
derived from official opportunities, I shall again give
way to my entire confidence in your discernment and
pursuit of the public good. For I assure myself, that
while you carefully avoid every alteration which might
endanger the benefits of an united and effective gov
ernment, or wliich ought to await the future lessons of
experience ; a reverence for the characteristic rights of
freemen, and a regard for the public harmony, will
sufficiently influence your deliberations on the ques
tion, how far the former can be more impregnably for
tified, or the latter be safely and advantageously pro
moted.

THE UNITED STATES OF AMERICA. 993
UNDER THE PRESENT CONSTITUTION. PART IV.
" To the preceding observations I have one to add, Organiza-
which will be most properly addressed to the House of g° °e__,the
Representatives. It concerns myself, and will there- ment
fore be as brief as possible. When I was first honored constitu-
with a call into the service of my eountry, then on the !jon- r
eve of an arduous struggle for its liberties, the light in Mareh 4thJ
which I contemplated my duty required that I should "89,
renounce every pecuniary compensation. From this
resolution I have in no instance departed. And being
stiU under the impressions which produced it, I must
decline, as inapplicable to myself, any share in the per
sonal emoluments which may be indispensably included
in a permanent provision for the Executive Department;
and must accordingly pray, that the pecuniary esti
mates for the station in which I am placed, may, during
my continuance in it, be limited to such actual expend
itures as the public good may require.
" Having thus imparted to you my sentiments as they Washing-
have been awakened by the occasion which brings us ton'8 In"
* ° augural
together, I shall take my present leave ; but not with- Address.
out resorting once more to the benign Parent of the p 8
human race, in humble supplication, that since He has
been pleased to favor the American people with oppor
tunities for deliberating in perfect tranquillity, and
dispositions for deciding with unparaUeled unanimity,
on a form of government for the security of their
union, and the advancement of their happiness; so
His divine blessing may be equally conspicuous, in the
enlarged views, the temperate consultations, and the
wise measures, on which the success of the government
must depend. George Washington."

The Blouse of Representatives thereupon appointed
a committee to prepare an address on the part of the
House, in reply to that of the President of the United
States to both Houses of Congress. Mr. Madison from
that committee reported an address, which was adopted,
as follows : 63

994 THE GOVERNMENTAL HISTORY OF
Part IV. the perfect and perpetual union
tion^the REPLY OF THE HOUSE OF REPRESENTATIVES.
ment "Sir.: — The Representatives of the people of the
under the rjnited States, present their congratulations . on the
tion. event by which your fellow-citizens have attested the
March 4th' pre-eminence of your merit. You have long held the
1789. first place in their esteem. You have often received
tokens of their affection. You now possess the only
proof that remained of their gratitude for your servi
ces, of their reverence for your wisdom, and of their
confidence in your virtues. You enjoy the highest,
because the truest honor, of being the first magistrate,
by the unanimous choice of the freest people on the
face of the earth. We well know the anxieties with
which you must have obeyed a summons from the
repose reserved for your declining years, into public
Reply of scenes, of which you had taken your leave forever.
the House -g^. ^e obedience was due to the occasion. It is
of Repre
sentatives already applauded by the universal joy which welcomes
augural T0U to your station. And we cannot doubt that it wiU
Address De rewarded with all the satisfaction with which an
President ardent love for your fellow-citizens must review suc-
May 6th. cessmi efforts to promote their happiness. This antici
pation is not justified merely by the past experience of
your signal services. It is particularly suggested by
the pious impressions under which you commence
your administration, and the enlightened maxims by
which you mean to conduct it. We feel, with you, the
strongest obligations to adore the invisible hand which
has led the American people through so many difficul
ties ; to cherish a conscious responsibility for the destiny
of republican liberty ; and to seek the only sure means
of preserving and recommending the precious deposit
in a system of legislation founded on the principles of
an honest policy, and directed by the spirit of a diffu
sive patriotism.
" The question arising out of the fifth article of the
Constitution, will receive aU the attention demanded

THE UNITED STATES OF AMERICA. 995
UNDER THE PRESENT CONSTITUTION. PART IV.
by its importance ; and wiU, we trust, be decided under Organiza-
the influence of aU the considerations to which yoUg°°e^.' e
allude. In forming the pecuniary provisions for the ment
Executive Department, we shall not lose sight of aconstitu-
wish resulting from motives which give it a peculiar ^on- Y .
claim to our regard. Your resolution, in a moment March 4th'
critical to the liberties of your country, to renounce 9'
all personal emolument, was among the many presages
of your patriotic services which have been amply ful
filled ; and your scrupulous adherence now, to the law
then imposed on yourself, cannot fail to demonstrate
the purity, whilst it increases the lustre, of a character
which has so many titles to admiration.
" Such are the sentiments which we have thought fit
to address to you. They flow from our own hearts ;
and we verily believe that, among the millions we rep
resent, there is not a virtuous citizen whose heart wiU
disown them. All that remains is, that we join in our
fervent supplications for the blessings of Heaven on our
country ; and that we add our own for the choicest of
these blessings on the most beloved of her citizens.
In Congress, May 5, 1789."

On Monday, the eighteenth day of May, the Senators Answer of
waited on the President of the United States, at Hs £ a^*
own house, when the Vice-President, in their name, President's
delivered to him an address "in answer to his speech AdSsf
delivered to the Senate and House of Representatives May 18th'
of the United States," as foUows :
Answer of the Senate to the President's Address.
"Sir:— We, the Senate of the United States, return
you our sincere thanks for your excellent .speech, deliv
ered to both Houses of Congress; congratulate you on
the complete organization of the Federal Government ¦
and felicitate ourselves and our fellow-citizens on your
elevation to the office of President ; an office highly
important by the powers constitutionally annexed to it,

THE GOVERNMENTAL HISTORY OF

Part IV. the perfect and perpetual union
Organiza- and extremely honorable from the manner in which
govern-' e the appointment is made. The unanimous suffrage of
mentun- the elective body in your favor, is peculiarly expressive
Constitu- of the gratitude, confidence, and affection of the citi-
New y k zens °^ ¦Ajn*rica> and .is. the highest testimonial at once
March 4th', of your merit and their esteem. We are sensible, Sir,
K that nothing but the voice of your fellow-citizens could
have called, you from a retreat chosen with the fondest
predilection, endeared by habit, and consecrated to the
repose of declining years. We rejoice, and with us aU
America, that, in obedience to the caU of our common
country, you have returned once more to public life
In you all parties confide ; in you aU interests unite-;;
and we have no doubt that your past services, great as
they have been, wiU be equaUed by your future exer
tions ; and tliat your prudence and sagacity as a states
man, will tend to avert the dangers to which we are
exposed, to give .stability to the present government,
and dignity and splendor to that country which your
skill and valor as a soldier so eminently contributed to
raise to Independence and Empire.
Answer of " When we contemplate the coincidence of circum-
t_etheenate stances, and wonderful combination of causes, which
peasant's gradually prepared the people of this country for inde-
address, pendence : When we contemplate the rise, progress,
1789 *8th' and termination, of the late war, which gave them a
name among the nations of the earth ; we are, with
you, unavoidably led to acknowledge and adore the
Great Arbiter of the Universe by whom empires rise
and fall. A review of the many signal instances of
Divine interposition in favor of this country, claims
our most pious gratitude : And permit us, sir, to ob
serve, that, among the great events which have led to
the formation and establishment of a Federal Govern
ment, we esteem your acceptance of the office of Presi
dent as one of the most propitious and important.
" In execution of the trust reposed in us, we shall
endeavor to pursue that enlarged and Uberal policy to

THE UNITED STATES OF AMERICA.

997

under the present constitution. Part IV.
which your speech so happily directs. We are con- Organiza-
scious that the prosperity of each state is inseparably goyer_,.
connected with the welfare of all, and that, in promofr-ment ,
mg the latter, we shall effectually advance the former. c<mstitu-
In full persuasion of this truth, it shaU be our invari- ^g°'_Yo-_
able aim to divest ourselves of local prejudices and at- March 4th,
tachments, and to view the great assemblage of com
munities and interests committed to our charge, with Answer of
an equal eye. We feel, sir, the force, and acknowledge *etnenate
the justice of the observation, that the foundation of president's
our national polity should be laid in private morality, address*
If individuals be not influenced by moral principles, it MaJ" 18th-
is in vain to look for public virtue :: It is, therefore, the
duty of legislators to enforce, both by precept and ex
ample, the utility as well as the necessity, of a strict
adherence to the rules of distributive justice. We beg
you to be- assured that the Senate will, at all times,
cheerfully co-operate in every measure which may
strengthen the Union, conduce to the happiness, or
secure and perpetuate . the liberties,, of this great Con
federated Republic.
" We commend you, sir, to the protection of Almighty
God ; earnestly beseeching him long to preserve a life
so valuable and dear to the people of the United States ;
and that your administration may be prosperous to the
nation,, and glorious to yourself^
"By order of the Senate, John? Adams, Vice-President."
To which the President replied, as follows :
" Gentlemen : I thank you for your address, in which The presi-
the most affectionate sentiments are expressed in the dent's
most obliging, terms. The coincidence of cireumstan- istk' &7
ces which led to this auspicious crisis, the confidence
reposed in me hy my fellow-citizens^ and the assistance
I may expect from councils which will be dictated by
an enlarged and liberal policy, seem to presage amore
prosperous issue to my administration than a diffidence

998 THE GOVERNMENTAL HISTORY OF
Part IV. the perfect and perpetual union
Organiza- of my abilities had taught me to anticipate. I now feel
govern- myself inexpressibly happy, in a belief that Heaven,
me?t .„ which has done so much for our infant nation, will not
under the . ¦ ' .
constitu- withdraw its Providential influence before our political
New-York ferity shall have been completed ; and in a conviction
March 4th, that the senate will, at aU times, co-operate in every
measure which may tend to promote the welfare of this
Confederated Republic. Thus supported by a firm trust
in the Great Arbiter ofthe Universe ; aided by the col
lective wisdom of the Union, and imploring the Divine
benediction on our joint exertions in the service of our
country, I readily engage with you in the arduous but
pleasing task of attempting to make a nation happy.
G. Washington."

The con- Although the Constitution under which the govern-
stitution. ° . . .-ii.
ment now went into operation, received the sanction
of, and was ratified by, the Conventions of the several
states whose senators and representatives took their
seats in Congress ; yet their ratification of it was made
more from a spirit of conciliation and fraternity to
wards each other, coupled with a deep and solemn im
pression of the necessity of their union in a general
government, than from any special persuasion of the
propriety or aptness of all of its provisions. Many of
the states even dreaded its operation under its original
form, and accepted it only under the confiding expecta
tion that its imperfections would be speedily amended.
Massachusetts, South-Carolina, New-Hampshire, Vir
ginia, and New-York ; although they did not make
their ratification of it conditional upon them, yet ac
companied their assent to it with recommendations, or
resolutions, suggesting certain amendments, the adop
tion of which they urged their senators and representa
tives to procure, under the fifth article of the Consti-
Ratifica- tution.
tion by The legislature of North Carolina, as we have seen,
Carolina, put forth certain declarations and amendments as nee-

THE UNITED STATES OF AMERICA. 999
UNDER THE PRESENT CONSTITUTION. PART IV.

essary previous to calling any Convention for the adop- Amend-
tionof it, and did not formally ratify it until Novem- ^ncs0J?
ber 21st, 1789. Rhode-Island delayed her ratification stitution,adopted
until May 29th, 1790. andrecom-
"It is a wonder," said Roger Sherman, shortly after- j^^v
wards, " that there has been such unanimity in adopting gress, Sept.
it, considering the ordeal it had to undergo : And the * 89-
unanimity which prevailed at its formation is equally
astonishing : Amongst all the members from the twelve
states, present at the Federal Convention, there were
only three who did not sign the instrument to attest
their opinion of its goodness. Of the eleven states
which have received it, the majority have ratified it
without proposing a single amendment."
But yet Congress deemed it necessary, to quiet the
apprehensions which prevailed in some of the states
in order to establish fuUy the public confidence ; and
to remove all hindrances to its general unanimous
adoption, more successful operation, and permanent
duration, the question of amending, was taken up as
foUows :
" Congress of the United States : begun and held at
the City of New- York, on Wednesday the fourth of
March, 1789. The Conventions of a number of the Preamble-
states having, at the time of their adopting the Consti
tution, expressed a desire, in order to prevent miscon
struction or abuse of its powers, that further declara
tory and restrictive clauses should be added ; and as
extending the ground of public confidence in the gov
ernment wiU best insure the beneficial ends of its in
stitution, Resolved, By the Senate and House of Representa- Resolu
tives of the United States of America in Congress as-tionsof
', s conffrcss
sembled, two-thirds of both houses concurring, that the upon.
following articles be proposed to the legislatures of the
several States, as amendments to the Constitution of
the United States ; all or any of which articles, when
ratified by three-fourths of the said legislatures, to be

1060 THE GOVERNMENTAL HISTORY OF
Part IV. the perfect and permanent union
Amend- valid to> all intents and purposes, && part of the said
rhee"i-e^^^on, namely:
tution, Art. 1. After the first enumeration required by the
anfoecom- nrst article of the Constitution, there shall be one rep-
mended resentative for every thirty thousand, until the number
gress, Sept. shall amount to one hundred, after which the propor-
1189- tion shall be so regulated by Congress, that there shall
Kepre- he not less than one hundred representatives, nor less
sentation. fjaaa one representative for every forty thousand per
sons, until the number- of representatives shall amount
to two hundred ; after which the proportion shall be^
so regulated' by Congress, that there shall not be less
that two hundred representatives, nor more than one
representative for every fifty thousand persons.
Compensa- Art. II. No law varying the compensation for the
services of the Senators and Representatives shall take
effect, until an election of Representatives shall have
Intervened.
Freedom Art. III. Congress shall make no law respecting an
of Speech"' establishment of religion, or prohibiting the free exer-
ofthe cise thereof ; or abridging the freedom of speech; or
Right of of the press ; or the right of the people peaceably to
petition, assemble, and to petition the government for a redress
of grievances.
Right to Art. IV. A well regulated militia being necessary to
bear arms, the security of a free State, the right of the people to
keep and bear arms shall not be infringed.
Quarter Art. V. No soldier shall in time of peace be quar
ters? " tered in any house without the consent of the owner,
nor in time of war, but in a manner prescribed by law.
Searches' Art. VI. The right of the people to be secure in their
{111(1 SC1Z"
ures. person, houses, papers, and effects, against unreasona
ble searches and seizures, shall not be violated ; and no
warrants shall issue, but upon probable cause, supported
by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be
tionseCU" Seized'
trials^ &o. .Abt. VII. No person shall be held to answer" for a

THE UNITED STATES OF AMERICA. 1001
UNDER THE PRESENT CONSTITUTION. PART IV.
capital, or otherwise infamous crime,, unless on a pre- Amend-
sentment or indictment of a grand jury, except in cases ]£encon-°
arising in the land or naval forces, or in the mihtia stitution,
when in actual service, in time of war or public dan-an_ rec-
ger ;' nor shaU be compelled in any criminal case to be ommended
a. witness against himself; nor be deprived of life,; lib- gress, New
erty, or property, without due process of law; nor g^/x^o.
shall private property be taken for public use without
just compensation.
Art. YELL In all criminal prosecutions, the accused Rights of
shall enjoy the right to a speedy and public trial, bype-Sons.
an impartial jury of the state and district wherein the
crime shall have been committed, whieh district shall
have been previously . ascertained by law ; and to be
informed of the nature and cause of the accusation ;
to be confronted with the witness against him ; to have
compulsory process for obtaining witnesses in his favor ;
and to have the assistance of counsel for his defence.
Art. IX. In suits at eommon law, where the value Trial by
in controversy shall exeeed twenty dollars, the right of Jury'
trial by jury shall be preserved ; and no fact, tried by a
jury, shall be otherwise re-examined in any court of
the-. United States, than according to the rules of the
common law.
Art. X. Excessive bail shall not be required, nor Bail, &c.
excessive fines imposed, nor cruel and unusual punish
ments inflicted.
Art. XI. The enumeration in the Constitution of Construc-
certain rights, shall not be construed to deny or dispar-tl0n-
age others retained by the people..
Art. XII. The powers not delegated to the United Reserved
States,, by the Constitution, nor prohibited by it to the t_|hpe °fie
states, are reserved to the states respectively, or to the and states.

All of these articles- except the two first, received
the sanction of the people of the requisite number of
states, and became a part of the Constitution. The

1002 THE GOVERNMENTAL* HISTORY OP
 / 
Part IV. the perfect and perpetual union
Further following articles of amendment have been since
££t, added:
the Con- Art. XIII. The judicial powers of the United States
, * shall not be construed to extend to any suit in law or
Judicial equity, commenced or prosecuted against one of the
powers. United States by citizens of another state, or by citi- .
zens or subjects of any foreign state.
Art. XIV. 1. The electors shaU meet in their re-
. spective states, and vote by ballot for President and
Vice-President, one of whom, at least, shall not be an
inhabitant of the same state with themselves ; they shall
name in their baUots the person voted for as President,
and in distinct baUots the person voted for as Vice-
President ; and they shall make distinct lists of aU per-
President sons voted for as President, and of aU persons voted
and Vice- for as Vice-President, and of the number of votes for
each, which list they shall sign and certify, and trans
mit sealed to the seat of the government of the United
States, directed to the president of the Senate ; the
president of the Senate shall, in the presence of the
Senate and House of Representatives, open all the cer
tificates, and the votes shall then be counted ; the per
son having the greatest number of votes for President,
shall be President, if such number be a majority of the
whole number of electors appointed ; and if no person
have such majority, then from the persons having the
highest numbers, not exceeding three, on the list of
those voted for as President, the House of Representa
tives shall choose immediately, by ballot, the President.
But in choosing the President, the votes shall be taken
by states, the representation from each state having one
vote ; a quorum for this purpose shall consist of a mem
ber or members from two-thirds of the states, and a
majority of all the states shall be necessary to a choice.
And if the House of Representatives shall not choose
a President, whenever the right of choice shall devolve
upon them, before the fourth day of Marcii next fol
lowing, then the Vice-President shall act as President,

THE UNITED STATES OF AMERICA. 10'03
UNDER THE PRESBNT CONSTITUTION. PART IV.
as in the case of the death, or other constitutional ina
bility of the President.
2. The person having the greatest number of votes Same sub-
as Vice-President shaU be Vice-President, if such num- iect-
ber be a majority of the whole number of electors ap
pointed ; and if no person have a majority, then from
the two highest numbers on the list, the Senate shall
choose the Vice-President ; a quorum for the purpose
shall consist of two-thirds of the whole number of sen
ators, and a majority of the whole number shall be
necessary to a choice.
3. But no person constitutionally ineligible to the Same sub-
office of President, shall be eligible to that of Vice-ject-
President of the United States.*
Before the first day of January % 1791, the Constitu
tion and Amendments were ratified in all of the states,
by their respective legislatures and conventions, and it
was universally received and recognized as the para
mount law of the land, by the people of the United States
of America.
But one more act seemed necessary to complete the The terri-
system of national administration thus adopted, and torif1 com-
J x ' pact recog-
that had reference to the Territorial domain at this time nized and
belonging to the United States. There were certain fo^bi.1"
provisions in the Ordinance of 1787, which were to be to the Con-
considered as articles of compact between the original Aug.,1789.
states and the people and stales in the said territory, and
forever remain unalterable, unless by common consent.
It was important that the integrity of this compact
should not be infringed under the new government,
and that all question as to its constitutionality should
be put at rest at the outset : Accordingly on the sev
enth day of August, 1789, Congress enacted as follows,
viz.: * By commencing the enumeration at Article III., we have the amend
ments as adopted, and as they now stand in the Constitution.

Preamble.

1004 THE GOVERNMENTAL HISTORY OF
Part IV. the perfect and perpetual union
Act in re- «An Act to provide for the government of the Territory
the Ordi- ' northwest of the River Ohio.
nance of
1 isi. ." Whereas, in order that the Ordinance of the United
States in Congress assembled, for the government of
the territory north-west of the river Ohio, may continue
to have full effect, it is requisite that certain provisions
See ante
page 927. should be made, so as to adapt the same to the present
Constitution of the United States.
"Section I. Be it enacted by the Senate and House
of Representatives of the United States of America, in
Congress assembled: That in all cases in wliich, by"
said Ordinance, any information is to be given, or com
munication made, by the governor of the said territory
to the United States in Congress assembled, or to any
of their officers, it shall be the duty of the said gov
ernor to give such information and to make such com
munication to the President of the United States ; and
the President shall nominate, and by and with the ad
vice and consent of the Senate shaU appoint, aU officers
which by the said ordinance were to have been ap
pointed by the United States in Congress assembled :
And all officers so appointed shall be commissioned by
him. And in all cases where the United States in Con
gress assembled might, by the said ordinance, revoke
any commission, or remove from any office, the Presi
dent is hereby declared to have the same powers of
revocation and removal.
Death or « Section II. And be it further enacted : That in case
of the ter- of the death, removal, resignation, or necessary ab-
eovernor senee' °^ the governor of the said territory, the secre
tary thereof shall be, and he is hereby authorized and
required to execute all the powers, and perform all
the duties, of the governor, during the vacancy occa
sioned by the removal, resignation, or necessary absence
of the governor."

sion. Thus have I endeavored to trace the governmental

THE UNITED STATES OF AMERICA. 1005
UNDER THE PRESENT CONSTITUTION. PART. IV.
history of this country, from the earliest settlement conelu-
made upon its shores "until the formation of a more.sion"
perfect national organization under the present consti
tution. Of that constitution I do not now propose .to
speak. It is before us. We see and feel the practical
benefits of its benign operation. For nearly three The Con-
quarters of a century have these United States, and
this great people of America, been fostered under its
provisions, while it has elevated them to the highest
rank among the political powers of the earth, and
gained for them and their institutions the respect and
admiration of mankind. It has been proved fully ade
quate to all exigencies, whether of peace or of war.
Under its happy auspices out- -domain has been extend
ed both by purchase and by conquest. The old and
the new territories have been planted and reared into
powerful political associations, which have taken their
position of independence as states under the fostering
care of the Confederated Republic ; strengthening the
bonds of our national union, and adding to the lustre of
our national glory. The prosperity, happiness, and tran
quillity, which now pervade every portion of our conti
nent, spreading from Canada on the North to Mexico
on the South ; and from the Atlantic on the East to the
Pacific on the West, with all its variety of climate, of
production, of population, and of enterprise ; are the
proudest and best comment on the adaptation of the
present Constitution to the necessities and relations,
whether foreign or domestic, of a magnificent and free
Empire. Its peace-producing influences are radiating
over the world, iUustrating to anxious and admiring
miUions the happy tendencies of republican institutions
to ameliorate the condition of the human race. Chris
tianity claims it as her own consecrated work. Liberty
enshrines it in her temple as the most cherished memorial
of her victories ; and pointing to the wide territory over
which it extends its peaceful sway, she exultingly invites
the oppressed and suffering children of men, of every

1006 THE GOVERNMENTAL HISTORY OF
Part IV. the perfect and perpetual union
 ,  ,  »__  _
Conclu- kindred,, and tongue, and people, and nation, under
810n' .the whole heavens, to come and rest under its protec
tion. •May the same spirit of affection and fraternity, of
patriotism and philanthropy, which prompted the peo
ple and states of America thus to pledge themselves to
an irrevocable union, ever dwell with their descend
ants ; and may the existence of this Mighty Nation in
one great and harmonious Confederacy, be perpetuated
under this Constitution, as in the hopes of its framers,
till the Almighty shall blot out all the Empires of the
earth. THE END.